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LIBRARY OF CONGRESS. 



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UNITED STATES OF AMERICA. 




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WISCONSIN 



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THE NATION 



SPENCER HAVEN 

OF THE WISCONSIN STATE LIBRARY 
Madison, Wis. 



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CHICAGO 
A. FLANAGAN, PUBLISHER 



COPYRIGHT, 1897 
BY 

A. FLANAGAN 



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PART I. 

THE STATE. 

Chapter. Page. 

I. Introduction 9 

II. Legislative Department 16 

III. " " Continued '. . . . 22 

IV. Executive Department 30 

V. Judicial Department 40 

VI. " " Continued 47 

VII. County and Town Government 58 

VIII. " " " Continued 64 

IX. " " " " 71 

X. Municipal Government 77 

XI. Bill of Rights 84 

XII. " " Continued 90 

XIII. Miscellaneous Provisions of the Constitution 95 

XIV. Suffrage and Elections 99 

XV. Taxation and Finance 109 

XVI. Eminent Domain 118 

XVII. Corporations 120 

XVIII. Amendments 123 

XIX. Education 126 

XX. Ordinance of 1787 136 

XXI. Constitution 144 



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PAKT II. 

THE NATION. 

Chapter. Page. 

I. Introduction 182 

II. Legislative Department 187 

III. Things Common to both Houses of Congress 191 

IV. Powers of Congress 196 

V. Restrictions on the Powers of Congress 205 

VI. " upon the States 209 

VII. Executive Department 214 

VIII. Powers and Duties of the President 221 

IX. Judicial Department of Our Government 229 

X. " " " " Continued. 233 

XI. General Provisions 241 

XII. Bill of Rights 245 

XIII. " " 251 

XIV. Declaration of Independence 258 

XV. Articles of Confederation 263 

XVI. Constitution of the United States 272 



PREFACE. 



HISTORICAL NOTE. 

France was the first to claim the country, a part of 
which is now Wisconsin. 

The zeal of the French missionaries in their endeavors 
to carry the Gospel to the natives of the interior of America 
led to the explorations in the Mississippi valley and the 
possession of this now important part of the country by 
the French nation. 

As a result of the French and Indian War the territory, 
belonging to France, east of the Mississippi was ceded to 
England. 

The Revolutionary War transferred the possession of 
this district along with all other English territory in what 
is now the United States to the colonies forming the Con- 
federation of America, and upon the formation of the 
Union, Wisconsin became a part of the territory of the 
United States. 

Thus our state has successively belonged to the 
French, the English, the Confederation of the American 
Colonies, and the United States. 

The country west of Pennsylvania and north and west 
of the Ohio River and east of the Mississippi River was 
early known as the Northwest Territory. 

Virginia and other of the original colonies claimed 
parts or all of this territory and as a settlement of these 



Vi PREFACE. 

adverse claims, a compromise was proposed by Virginia 
by which this section of country was organized as a separate 
territory (Ohio) under the Ordinance of 1787. 

Wisconsin was a part of Ohio territory from 1787 to 
1800; of Indiana from 1800 to 1809; of Illinois from 1809 
to 1818, and of Michigan from 1818 to 1836. 

Wisconsin was organized as a separate territory in 1836 
at which time it comprised its present extent, together 
with what is now Iowa, Minnesota and about half of the 
Dakotas. 

Several attempts were made to secure the admission of 
Wisconsin as a state. The territorial legislature submitted 
it to a vote of the people three times and each time the 
vote resulted against state organization. 

In 1846 a constitutional convention was called which 
drafted a constitution, but upon its being submitted to a 
vote of the people it was rejected. 

The next year a second convention was held which 
framed our present constitution (excepting the amend : 
ments) which was accepted by the people, and Wisconsin 
was admitted as one of the states of the Union, May 29, 
1848. 

Territorial Government. — Being a part of the 
Northwest Territory, Wisconsin, while a territory, enjoyed 
the privileges and liberties assured to that district by the 
Ordinance of 1787. 

This ordinance was the result of a dispute among the 
original colonies as to the possession of the territory north- 
west of the Ohio River. 

Virginia among others of the colonies laid claims to 
this country and to settle the dispute proposed the Ordi- 
nance of 1787 as a compromise. 

This ordinance provided for the organization and gov- 
ernment of the territory as a sort of possession of all of 



PREFACE. Vll 

the colonies, and moreover, assured to the inhabitants of 
the Northwest Territory certain rights and privileges 
which were to remain forever inviolate, unless changed by 
common consent. 

The ordinance was, then, a compact or contract of the 
original thirteen states on the one hand and the people of 
the Northwest Territory on the other. The provisions 
embraced within the ordinance were ideal and in many 
respects in advance of the governmental ideas prevalent 
among the colonies at that time. One of the articles of 
the ordinance prohibited slavery within the territory. 
This was the first blow to slavery and it proved quite 
effectual in its after results as it prevented, probably, the 
admission of slavery into the three southern states of the 
district, Ohio, Indiana and Illinois. The ordinance con- 
tained many other good features, the most of which have 
been embodied in our state constitution. 



CHAPTER I. 

INTRODUCTION. 

Government Defined. — Government may be denned 
as the means by which a people are ruled ; or the regulation, 
restraint, supervision or control which is exercised upon 
the individual members of an organized legal society by 
those invested with the supreme political authority, for the 
good and welfare of the general public. 

Webster defines government as the system of polity 
in a state; or that form of fundamental rules and princi- 
ples by which a state or nation is governed. 

Kinds of Government. — Many kinds of government 
have existed in the world, and the various governments in 
existence to-day differ widely. 

A monarchy is a government by a single person. If 
this one person has all of the powers of the government, 
it is an absolute monarchy; but if his powers are limited 
or prescribed, it is a limited monarchy. The absolute 
monarchy may be called a despotism, or a government by 
a despot, in which the will of one person, the monarch, 
the despot, is law and supreme. A limited monarchy is a 
constitutional monarchy governed by fixed rules of law. 
An aristocracy is a government by a certain few of the 

9 



10 WISCONSIN AND THE NATION. 

people, or a class, in whom are vested all the powers of 
the whole. If such class should chance to be church 
officials, priests, the government would be a hierarchy. 

A democracy, or republic, is a government such as 
ours, in which all powers reside with the people composing 
the state or nation. A pure democracy is one in which 
the people rule primarily without the means of representa- 
tives or agents. A pure republic is a government in which 
the people rule indirectly through their chosen agents or 
representatives. The two terms, however, democracy and 
republic, are often used interchangeably. 

Thus it may be sufficient to say there exist three gen- 
eral forms of government; viz. : monarchies, aristocracies, 
and republics. Every government, in the main, resembles 
one of these three, differing from others in the same class 
in minor details. 

The Purposes of Government. — The object of 
government should be to combine the force and ability of 
all of its members: (1) To secure to its weaker citizens 
their just rights; (2) To restrain the strong and vicious 
from committing wrong; (3) To maintain the rights of its 
people as against foreign nations; and (4) To promote 
institutions (roads, schools, canals, etc.) for the benefit of 
the general public. 

That government is best which performs these purposes 
to the fullest extent. 

Constitutions. — In order that those in authority may 
not go beyond and over-reach the real purposes for which 
governments are formed, constitutions are adopted pre- 
scribing certain limitations to governmental action. These 
are invariably for the safety of the people, guarding them 
against the wrongful acts of the rulers, or those in 
authority. A constitution, therefore, may be defined as 



WISCONSIN AND THE NATION. 11 

the rule which limits the action and prescribes the powers 
and duties of a government, and the methods by which 
these powers and duties shall be administered. 

It will be seen from this definition that constitutions 
are not necessarily written; in fact the world had until 
recently but few examples of written constitutions. 

Quite often the constitution of a nation exists in no 
more tangible form than mere public sentiment, or the 
resolutions of public assemblies, or proclamations of those 
in authority delivered in a more or less authoritative 
manner. 

Black's Law Dictionary defines constitution as the 
organic and fundamental law of a nation or state, which 
may be written or unwritten, establishing the character 
and conception of its government, laying the basic princi- 
ples to which its internal life is to be conformed, organ- 
izing the government and regulating and limiting the 
functions of its different departments, and prescribing the 
extent and manner of the exercise of sovereign powers. 

Mr. Cooley says that a constitution in American law is 
the written instrument agreed upon by the people of the 
Union, or of a particular state, as the absolute rule of 
action and decision for all departments and officers of the 
government in respect to all of the points covered by it, 
which must control until it shall be changed by the 
authority which established it and in opposition to which 
any act or ordinance of any such department or officer is 
null and void. 

Wisconsin, and the same is true of the otner states and 
the United States, has a written constitution declaring the 
fundamental principles of the government. 

Constitutions which are not written are usually unde- 
fined, uncertain and liable to change, while a written 



12 WISCONSIN AND THE NATION. 

constitution has the advantage of certainty, definiteness 
and is not easily changed. Written constitutions are 
therefore more lasting and better fitted to govern an 
enlightened people and are therefore of recent institution. 

The States in General. — The term, state, is usually 
used to designate an independent government free from all 
restrictions with no power or nation Avhich it recognizes as 
its superior. 

Thus England, France, and Germany are states, none 
of which recognize any government superior in authority 
to itself. They are free to do as they see fit, with no 
governmental power to dictate to or rule over them. 

Such was the case with the American colonies immedi- 
ately after the Revolutionary War and until the formation 
of the Union in 1-789. During this short period New 
York and the rest of the thirteen original colonies figured 
in our history as separate, free, independent states or 
nations. They were leagued together in the confederation 
of America for self protection, it is true, but in no sense 
was any state subordinate to the confederation, or bound 
to submit in any degree to its authority. They were 
sovereign states, nations in the full sense of the terms. 

By the formation of the Union the states making up the 
United States are in peculiar positions. They are not states 
in the sense of being nations, as the government of the United 
States is superior to, and above them in some respects, and 
yet they are not subject possessions of the United States, 
for they have certain governmental powers assured to them 
with which the national government cannot interfere. 

In certain matters the states of the Union are left free 
to act as though absolutely independent; in others of a 
more national character, they have no authority what- 
ever. International affairs, such as treaties, wars, inter- 



WISCONSIN AND THE NATION. 13 

state commerce, are not within the scope of the states' 
authority. In general, however, they have complete and 
exclusive control over internal matters of a local nature, 
such as town, county and municipal government, local 
taxation, and state institutions. The states have authority 
to do anything which the constitution of the United States 
has not in express or implied terms prohibited them from 
doing. 

They have authority of a general nature, more exten- 
sive than that of the nation, for the United States has no 
power which is not granted it by its constitution while 
the states have all powers not prohibited them by that 
constitution. 

This, however, must not be interpreted to restrict the 
powers of the national government so far as to deprive it 
of the power of self-preservation which is "nature's first 
law," as well among governments as elsewhere. 

The state's rights advocate finds no support in the 
above remarks. 

Wisconsin as a State. — As one of the states of the 
Union, Wisconsin has thereby all the rights and privileges 
which other states of the Union enjoy. The thirteen 
original states have no more rights or privileges than has 
the youngest state in the Union. Upon being admitted 
into the Union the new state becomes of equal rank, as far 
as its civil and political rights are concerned, with those 
states which first united to form this great nation. 

The Change to State Government. — As a terri- 
tory our government was largely administered according 
to the principles outlined in the Ordinance of 11 81. 

Upon admission as a state the laws which had before 
prevailed in the territory were either embodied in the state 



14 WISCONSIN AND THE NATION. 

constitution, or were adopted by it as the laws of the 
state, excepting those laws which were in conflict with the 
state constitution. 

The state became possessed of all the rights which 
before belonged to the territory and also assumed all the 
obligations of the former government. 

The assets of the territory became the possessions of 
the state, and the liabilities or debts of the territory were 
assumed by the state. 

The contractual and other relations between indivi- 
duals remained the same after admission as before so that 
the change in government did not disturb previous 
property rights and conditions. 

Preamble. — The purpose of establishing the constitu- 
tion is declared in its preamble as follows : ' ' We the people 
of Wisconsin, grateful to Almighty God for our freedom, 
in order to secure its blessings, form a more perfect gov- 
ernment, insure domestic tranquillity and promote the 
general welfare; do establish this constitution." 

The various clauses of the constitution are to be inter- 
preted according to those purposes sought to be accom- 
plished by it. 

The Departments of Government. — Where one 
person, or a few persons, have complete control of gov- 
ernmental affairs, they are very apt to abuse the authority 
entrusted to them by the people. 

The experience of the past has shown men that it is 
not safe to give too much power to a single man, or set of 
men. Under such a governmental system tyranny is the 
almost certain result. 

It has been thought wise, therefore, to divide the 
powers of the government among different bodies of men. 



WISCONSIN AND THE NATION. 15 

This is the plan of the United States and the state govern- 
ments in general. 

We have the government divided into three depart- 
ments, the legislative, the executive and the judicial. 

The duties of these departments are so prescribed that 
each, in a measure, watches the transactions of the other 
two. They are thus a check upon each other, as will be 
seen upon further study. 

It is the especial purpose, or duty, of the legislative 
branch of our government to enact or make the laws; of 
the executive, to execute, administer and enforce the laws, 
and of the judicial to determine what the law is in any 
particular case which properly comes before it. 



16 WISCONSIN AND THE NATION. 



CHAPTER II. 

THE LEGISLATIVE DEPARTMENT. 

The Legislature. — The law-making power of Wis- 
consin is given to, or vested in, a senate and an assembly. 

It is generally conceded to be a wise plan to thus 
divide the legislative power between two bodies or houses, 
that the laws may be enacted with more care and less 
rashness than would be the case with a single legislative 
.body left free to enact laws as it might see fit, without the 
wholesome restraint of a similar body, equally powerful 
with itself, under whose scrutiny the same measures must 
pass before they become laws. 

The Senate — Term and Election of Senators. — 

The senate is the conservative body of the state legislature, 
being composed of a smaller number than is the member- 
ship of the assembly, and elected for longer terms. It is 
looked upon as the higher branch of the legislature, and 
bears a relation to the other departments of the state gov- 
ernment similar to that which the United States senate 
bears to the other branches of the federal government. 

The number of senators can never be more than one- 
third, nor less than one-fourth, the number of the mem- 
bers of the assembly. 

The state is divided into thirty-three senatorial dis- 
tricts at present. One senator is chosen from each 
district. As there are only one hundred members of the 
assembly, it will be seen that we now have as many sena- 
tors as the constitution allows. 



WISCONSIN AND THE NATION. 17 

The senators are chosen at the general fall elections at 
the same time and in the same manner as other state officers 
are chosen, excepting judicial officers elected in the spring, 
and they hold their office for a term of four years. The 
senatorial districts are numbered consecutively, and the 
odd and even numbered districts alternate in the election 
of senators.. All odd numbered districts elect their mem- 
bers of the senate the same year, and two years later are 
elected the members for the even numbered districts. As 
the legislature meets in regular session every two years, 
there is, by this plan of alternate election, about one-half 
of the membership of the senate who were members of 
the last session, and are experienced in the work which 
they are called upon to perform. 

The Assembly — Term and Election of Assem- 
blymen. — The number of the members of the assembly 
can never be less than fifty-four nor more than one hun- 
dred. We have reached the full limit here also, and have 
one hundred assemblymen elected from as many assembly 
districts into which the state is divided. They hold their 
office for a term of two years — one regular session. 

The assembly for each regular session is an entirely 
new body, unless, as is usually the case, some of its 
former members are re-elected. 

Census and Apportionment The census of the 

whole United States, and, consequently, of each state, is 
taken every ten years, in those years of which ten is an 
exact divisor, by the federal government. Midway be- 
tween the times of taking the census by the United States, 
on those years, the number of which ends with five, the 
census of the state is taken. 

The census is an enumeration of the inhabitants, and a 
gathering of other useful statistics regarding age, property, 



18 WISCONSIN AND THE NATION. 

education, poor, etc. Thus it will be seen that the census 
of Wisconsin is taken every five years. 

The reason for having the census taken so often is that 
the senate and assembly districts may be changed, reap- 
portioned every five years, that the population of the 
thirty- three senatorial districts may be nearly uniform, 
and that the same may be true of the one hundred 
assembly districts. The idea is to have one senator repre- 
sent as nearly as possible the same number of people as 
another senator does, and so with the assemblymen 
also. 

The senate and the assembly districts are therefore 
reapportioned at the next session of the legislature after 
each enumeration of the inhabitants, or every five years. 
In the apportioning of the districts each district must con- 
sist of contiguous territory and be bounded by county, 
precinct, town or ward lines. 

For political purposes unfair apportionments are some- 
times made which violate these requirements as to bound- 
ary lines and contiguous territory. Such an apportionment 
is called a gerrymander, from Mr. Gerry of Massachusetts, 
who was governor of that state when such an apportion- 
ment was made. 

Qualifications of Legislators. — To be eligible to 
membership in either house of the state legislature one 
must be a qualified elector of the district which he repre- 
sents, and must have resided in the state one year. The 
constitution requires one year's residence in the state to 
become a qualified elector, so that the above requirement 
of a one year's residence is a mere repetition. 

The only qualification necessary to eligibility, then, is 
that one be a qualified elector of the district from which 
he is chosen. 



WISCONSIN AND THE NATION. 19 

Judges of Membership. — It is often a very difficult 
question to determine who has been elected to a seat in the 
legislature. Not infrequently two men will claim to be 
elected from the same district. The members of the house 
in which the contest for the seat occurs are made the 
judges of the election, and they determine as between the 
rights of the two contestants. In the language of the 
constitution " each house shall be the judge of the elections, 
returns, and qualifications of its own members." Great- 
injustice might result were any other department of the 
state government to determine who are members of the 
two houses of the legislature. 

Quorum. — Where a number of men in a body have 
the power to do certain things it is very necessary that 
the smallest number which would be allowed to conduct 
the business entrusted to them all should be particularly 
designated, as in a numerous body some are very apt to be 
absent a part or all of the time. This number in such a 
body is the quorum. A quorum, then, is the number 
necessary to be present to transact business. 

In each house of our state legislature a quorum is a 
majority of the members belonging to the body. A 
majority is any number over one-half. A quorum in the 
senate, therefore, is seventeen or more, and in the house 
fifty-one or over. 

In case a quorum of either house at any time do not 
attend, a smaller number may adjourn from day to day, 
and may also compel the attendance of absent members by 
authorizing the police officer of the house, the sergeant- 
at-arms, to arrest the absent members and bring them 
before the house. 

Rules — Contempt. — The rules by which the houses 
conduct their proceedings are determined by each house 



20 WISCONSIN AND THE NATION. 

for itself. Moreover each house is authorized and empow- 
ered to punish for contempt or any disorderly behavior, 
and two-thirds of the whole membership of either house 
may expel a member. 

It is provided, however, that no member shall be 
expelled a second time for the same offense. The probable 
reason for the last provision is this: if the people of any 
district see fit to re-elect a member who has been expelled 
from either house of the legislature, they thereby approve 
of his conduct and adjudge him a fit person to represent 
their interests in the house. 

Officers. — Each house elects its own officers. The 
senate elects a president pro-tempore to act as president of 
the senate iu the absence of the lieutenant-governor, who 
is ex-officio the president of the senate. The assembly 
elects a speaker (of the house) who is the presiding officer 
of that body. In addition each house has a chief clerk, 
with several assistants, a sergeant-at-arms and a troop of 
messenger boys. In all elections by the legislature the 
members must vote viva voce, by word of mouth, and their 
vote is entered in the journal. 

Publicity of Proceedings. — The legislature is pre- 
eminently the servant of the people, who should have all 
possible means of being informed of its proceedings. 
Because of this truth the business transacted by each house 
is kept in a minute book called the journal, which is pub- 
lished. The doors of both houses are kept open and the 
public are free to enter and observe whatever is done. 

There is this exception, however, to the publicity of 
proceedings: Certain proceedings of a delicate or other- 
wise peculiar nature should be kept secret, such as accusa- 
tions in the assembly of the nature of impeachment of 



WISCONSIN AND THE NATION. 21 

some public officer; contempt proceedings, and executive 
sessions. The latter, executive sessions, are sessions of 
the senate in which are considered matters especially laid 
before them by the governor, such as the approval of 
appointments made by the governor to fill vacant offices. 
It is not best that such things should be made public. 

Adjournments. — The two branches of the legislature 
must work together. A measure passed by only one 
house can never become a law. One house sitting alone 
can do nothing in the way of legislation. It is therefore 
provided that neither house can adjourn for more than 
three days without the consent of the other. 

Meetings. — The legislature meets in regular session 
once every two years, on every odd numbered year, at the 
seat of government, Madison, at 12 o'clock m. on the 
second Wednesday in January. Originally the legisla- 
ture met annually, but in 1881 the constitution was 
amended, providing for biennial meetings. 

Special sessions of the legislature may be convened by 
the governor at any time when he deems such a thing 
necessary. In the call for a special session must be stated 
the special business to be transacted, or the purpose for 
which the legislature is convened, and no business not 
included in the purpose for which the call was made can 
be transacted. 



WISCONSIN AND THE NATION. 



CHAPTER III. 

THE LEGISLATIVE DEPARTMENT CONTINUED. 

Ineligibility of Members to Office. — No member 
of the legislature can, during the term for which he was 
elected, be appointed or elected to any civil office in the 
state, which has been created, or the emoluments (salary) 
have been increased during his term of office. This is to 
prevent legislators from using their influence to create 
offices to which they can be appointed, and from raising 
the salaries of the same. 

Ineligibility of United States Officials. — No 

United States official, either civil or military, is eligible 
to a seat in the state legislature. It must here be remem- 
bered that United States senators and representatives 
(Congressmen) are United States and not state officers, 
and if a state legislator accepts an office, either by appoint- 
ment or election, under the United States government, he. 
thereby vacates his seat in the state legislature. If this 
were not so provided such officials holding the two offices 
would be apt to use the influence of the one office to be 
re-elected or reappointed to the other. 

The constitution aims to guard against all such evil 
practices; also, neither can a man faithfully serve two 
masters. 

Vacancies. — Vacancies in either house of the legisla- 
ture are filled by special elections ordered by the governor. 



WISCONSIN AND THE NATION. 23 

Privileged from Arrest. — Members of the legisla- 
ture are not subject to arrest for any cause except treason, 
felony and breach of the peace, nor are they liable upon 
any civil process during the session of the legislature, nor 
within fifteen days before or after any session. 

This is a protection to the rights of the people as well 
as those of the member. But for this provision the peo- 
ple's agents in the senate or assembly might be taken away 
from their legislative duties by crafty, unprincipled men, 
at a time when their presence and vote was most needed. 

Privilege in Debate. — It is most essential to good 
legislation that the members be perfectly free to discuss 
without fear any question before the house. That this 
much-desired condition may prevail, members of the legis- 
lature are not liable in any civil action or criminal prose- 
cution for anything which they may say in debate. 

Compensation. — Members of the legislature receive 
five hundred dollars for every regular session, together 
with a mileage of ten cents per mile, both ways. No extra 
compensation of any kind is allowed. 

In case an extra session of the legislature is called no 
additional compensation is allowed, except that each mem- 
ber receives his mileage the same as for a regular session. 

It is the policy of American institutions in general to 
allow its public officers a reasonable compensation. This 
enables men of ability but of moderate wealth to accept 
public positions, and such usually make our best public 
servants. 

No additional compensation is allowed in case of extra 
sessions, the idea being that the legislation should be com- 
pleted in the regular session, and an additional compensa- 
tion would tend to make special sessions more frequent 
without any additional good to the people. 



24 WISCONSIN AND THE NATION. 

Bills. — A bill is a proposed law. The style of all 
bills or laws must be : " The people of the state of Wis- 
consin, represented in senate and assembly, do enact as 
follows," and then is stated the substance of the law or 
bill. All laws must be enacted by bills. 

Every bill is entitled to designate its nature for the 
convenience of legislators. There are two classes of bills 
and laws — general, and local or private. General bills or 
laws are such as affect the people of the whole state more 
or less. Local or private bills or laws are such as apply in 
some particular part of the state only, or apply to only one 
or a few individuals. 

To prevent the passage of local bills inadvertently, it 
is required that each local bill shall embrace but one sub- 
ject, which must be expressed in the title. Bills may 
originate in either house, and a bill passed by one house 
may be amended in the other. 

Yeas and Nays. — Upon the calling for the yeas and 
nays on any question or bill before the house, each mem- 
ber is asked which way he votes, and he must respond 
publicly, and his vote is recorded in the journal. 

One-sixth of the members of the house may call for the 
yeas and nays on any question. This method of voting is 
thought to make the members more careful, as they are 
liable to be held to account by the people for the way they 
vote on a question. 

There are a few cases in which the legislature must 
vote by yeas and nays, whether called for or not, upon the 
final passage of these bills. They must vote by yeas and 
nays: Upon any bill creating a state debt; upon any bill 
of a financial nature ; upon the passage of a bill over the 
governor's veto, and upon a resolution amending the con- 
stitution. 



WISCONSIN AND THE NATION. 25 

Lotteries. — A lottery is a method of distributing 
prizes for the obtaining of money or goods by chance. 
The constitution especially prohibits the legislature to 
ever authorize the operation of any lottery. 

The need for such a clause as this will be appreciated 
when it is known that one state of the Union, Louisiana, 
had in operation for years an organization known as the 
Louisiana State Lottery, licensed by the legislature as a 
means of raising revenues for the state. 

The above is only a restriction upon the legislature, it 
will be noticed, so it became necessary for the legislature 
to pass very stringent laws prohibiting lotteries and all 
sorts of gaming contracts. 

Divorces. — The legislature is also prohibited from 
granting divorces, but it may authorize the state courts to 
grant divorces in certain cases, as has been done. 

A divorce is the legal separation of man and wife, or 
the annulment of the marriage contract. Divorces are 
usually granted only upon very grave causes. 

Public Printing and Stationery Contracts, — 

The constitution provides that the contracts for stationery 
required for the use of the state, and for printing for the 
use of the legislature or the state, must be let to the low- 
est bidder, and the legislature is required to make laws, 
which it has done, prescribing the manner of letting these 
contracts. This is a precaution to prevent the successful 
political party from rewarding newspapers and others for 
their campaign services by printing contracts let to them 
at high rates. It is also further provided that no legisla- 
tor or state official can in any way be interested in the con 
tract for the state printing. 



26 WISCONSIN AND THE NATION. 

Extra Compensation to Officials For purposes 

of reward for political services legislative bodies often grant 
or attempt to grant, additional compensation to public 
officers or contractors. To prevent this evil the legislature 
of Wisconsin is especially prohibited from granting such 
extra compensation to any public officer, agent, servant or 
contractor after the services are rendered or the contract 
entered into. Neither can the compensation of any public 
officer be increased or diminished during his term of office. 
This leaves all officials free to act independent of legisla- 
tive influence, without hope of reward or fear of a decrease 
in salary. 

Suits Against the State. — It was one of the ideas 
of common law, and one that generally prevails in all gov- 
ernments that an individual cannnot sue the state unless 
the state consents to allow the suit. 

In accordance with the direction of the constitution, 
the legislature has enacted that one who has a claim 
against the state must first ask for justice at the hands of 
the legislature but if the legislature refuses him relief, he 
may sue the state by beginning an action in the Supreme 
Court. The attorney-general represents the state in all 
such suits. 

In cases where one has a right to prevent the state 
from doing a certain act he may sue out an injunction to 
prevent the performance of the act without first presenting 
his case before the legislature. 

Restrictions Upon Private Legislation. — There 
are several cases in which the legislature is denied the 
right to legislate upon private and special matters. Not 
that such matters would not be the proper subject of legisla- 
tion, v but because the same ends can be more readily 
accomplished by general laws which apply in all cases, and 



WISCONSIN AND THE NATION. 27 

because the time of the legislature should not be taken up 
with such measures needlessly. 

Among the things for which the legislature may not 
pass any special or private laws but may enact general 
measures to accomplish the same ends are: 1st, the chang- 
ing of persons' names; 2nd, making or altering highways. 
(They may establish military and state roads, however, 
under certain conditions); 3d, the granting of ferry fran- 
chises; 4th, the authorizing the sale or mortgage of the 
property of minors or others not competent to control 
their own property; 5th, the locating or changing of 
county seats; 6th, the assessment and collection of taxes; 
7 th, the granting of corporate privileges to private cor- 
porations, or municipalities; 8th, the apportionment of any 
part of the school fund. 

The legislature, however, is instructed to enact general 
laws, which has been done, by which the above ends may 
be accomplished. 

Municipal Legislation. — In general it may be said 
that primarily the state legislature has power to make all 
laws for the state in accordance with the constitution, but 
local interests would undoubtedly suifer harm were all 
their laws to be enacted by the general legislature. 

It is therefore provided that the legislature by general 
laws upon the subject may, and it has done so, confer upon 
the county boards of supervisors certain legislative powers 
concerning local affairs, and to a limited extent even 
town boards may legislate, and under their corporate 
franchises villages and cities are always given certain 
legislative powers. The township and county govern- 
ments, are merely aids to the general state government. 

Cities are incorporated usually to effect local improve- 
ments in which the state in general has little interest. 



28 WISCONSIN AND THE NATION. 

Federal Restrictions on State Legislation. — 

The United States Constitution places several direct restric- 
tions upon the state legislative power which should be 
remembered in connection with the power of the state legis- 
lature. No state can enter into any treaty, alliance or 
confederation; grant letters of marque and reprisal; coin 
money; emit bills of credit; make anything but gold and 
silver coin a tender in payment of debts; pass any bill of 
attainder, ex post facto law, or law impairing the obliga- 
tion of contracts; or grant any title of nobility. 

In addition to the above there are several things con- 
cerning which the state may not legislate without the con- 
sent of Congress first obtained. 

No state can, without the consent of Congress, lay any 
imposts or duties on imports or exports except what may be 
absolutely necessary for executing its inspection laws ; and 
the net product of all duties and imposts laid by any state on 
imports and exports must be for the use of the United 
States treasury; and all such laws are subject to the 
revision and control of Congress. 

No state can, without the consent of Congress, lay any 
duty of tonnage; keep troops or ships of war in time of 
peace; enter into any agreement or compact with another 
state or with a foreign power; or engage in war, unless 
actually invaded, or in such imminent danger as will not 
admit of delay. 

How Laws Are Made. — There are three methods 
by which a bill may become a law: (1) If a bill passes 
both houses of the legislature and is then approved (signed) 
by the governor it becomes a law. (2) If after the bill passes 
both houses, the governor sends it back and refuses to 
sign it the bill may be passed over the governor's veto, as 
it is called, by again passing both houses in the same 



■WISCONSIN AND THE NATION. 29 

order as before, by a two-thirds vote of each house. It then 
becomes a law without the governor's approval. (3) If 
after passing both houses and being sent to the governor 
he fails to sign or veto it within three days (Sundays 
excepted) it becomes a la-w. 

If, however, the legislature should adjourn before the 
three days expire and the governor fails to sign the 
measure it does not become a law but is lost. 



30 WISCONSIN AND THE NATION. 



CHAPTER IV. 



THE EXECUTIVE DEPARTMENT. 



The Executive. — The second department of the state 
government, the executive, is that department which exe- 
cutes and administers the laws enacted by the legislature. 
The governor of the state is at the head of this department 
and is the chief executive of the state. A great deal of 
power is given this one man, but his duties are such that 
they must be done speedily, without delay, and a number 
of men would necessarily act more slowly and would shift 
responsibility from one to the other. 

The Governor, Eligibility of. — The governor must 
be a citizen of the United States and a qualified elector of 
the state. There are no qualifications as to age except the 
one which requires him to be an elector. The qualifica- 
tions of the lieutenant-governor are the same as those of 
the governor. 

Election of Governor and Lieutenant-Gov- 
ernor. — The elections for governor and lieutenant-gov- 
ernor are held at the general fall elections on the Tuesday 
after the first Monday of November on every even num- 
bered year. They are elected by the qualified electors of 
the state. The person receiving the highest number of 
votes for governor is elected, but should there be two 
such the two houses of the legislature at its next regular 
session by a joint vote choose one of the two to be 
governor. 



WISCONSIN AND THE NATION. 31 

The lieutenant-governor is chosen in the same way in 
case of a tie vote. 

Compensation. — That men of limited means may- 
afford to accept of an election to the office of governor, he 
is paid an annual salary of five thousand dollars. No 
extra amount is allowed him for travel or other personal 
expenses. 

Powers and Duties. — The governor holds a most 
responsible position, and upon a judicious exercise of his 
powers and a faithful performance of his duties depend 
largely the prosperity and general welfare of the state. 

His office is one of dignity and responsibility and his 
duties are numerous and varied. 

Commander-in-Chief. — Although the state can 
have no regular standing army, it is allowed to maintain 
a militia which is composed of ordinary citizens who are 
drilled in military tactics to a limited extent, but who 
pursue their regular civil occupations at all times except 
when called out to defend the state or nation from attack 
or put down rebellion. The militia is a means of self 
defense, but cannot be used to make war upon another 
state or nation as an aggressive force. 

The governor is the highest officer of the militia and 
as such is the commander-in-chief of the military and 
naval forces of the state. 

May Convene the Legislature. — At times extraor- 
dinary needs arise calling for some action on the part of 
the legislature. If at such times the legislature is not in 
session, the governor may, if he thinks it will be to the 
advantage of the state, convene the legislature in extra 
session. In the call for an extra session of the legislature 



32 WISCONSIN AND THE NATION. 

the governor must specify the subjects upon which the 
legislature is to act. 

In case of contagious disease or other necessity, the 
governor may convene the legislature at some other place 
than the capital city, (Madison) either in regular or special 
session. 

The Governor's Message. — At the commencement 
of every session of the legislature, it is made the duty of 
the governor to communicate to the legislature a general 
report of the condition of the various departments and 
institutions of the state, and make such suggestions as to 
legislative measures to be considered by the two houses as 
he may deem proper. 

This is the governor's message in which he points out 
defects in the present laws which need changing, and 
indicates new measures which he thinks should be passed. 

Enforces the Laws. — It is the general duty of the 
governor to carry into effect the various measures adopted 
by the legislature, preserve the peace within the state and 
enforce and administer the laws. 

If necessary in order to perform the above duties he 
may call to his aid the state militia. 

Pardons. — Courts of law have little or no discretion; 
they must proceed according to the general course of the 
law. The law, although it may generally do perfect 
justice, does not do exact justice in all cases. Now and 
then the rigor of the legal penalties should, in justice, be 
mitigated, and thus the executive is given a large discre- 
tion in this regard. The governor may pardon a person 
convicted of any crime under the laws of the state, except 
treason and cases of impeachment. A pardon forgives the 
offense committed and restores the person to all of his former 



AVISCONSIN ANT) THE NATION. 33 

rights. In cases of conviction for treason the governor 
may suspend the execution of the sentence until the next 
session of the legislature, which body may pardon the 
traitor; or commute, order the execution of, or grant a 
further reprieve of the sentence, as it may see fit. 

The governor may commute the sentence of one con- 
victed of any offense except in case of treason or impeach- 
ment. The commutation of a sentence changes it to some 
lesser punishment, as from a sentence of imprisonment for 
life in the penitentiary to a sentence for a certain number of 
years. The sentence can never be changed to a greater 
punishment. 

In the above case the governor may also grant a reprieve 
from the sentence, which is a stay of the execution for a 
stated time. 

Pardons are often granted criminals who have nearly 
served their time in the state prison, as a reward for 
good conduct. Such pardon restores the convict to full 
citizenship and the same rights as he would have, had 
he never been in prison. 

In any of the above cases the governor must report to 
the next legislature all such pardons, commutations or 
reprieves. 

The Veto Power, — The governor is given the 
authority to veto all bills passed by the legislature. This 
veto power is his right to approve or object to any bill 
which has passed both houses of the legislature before it 
can become a law. If he approves of such a bill he signs 
it, and it thereby becomes a law. If he objects to it, he 
usually states his objections which are reported to the 
legislature and the bill must then receive a two-thirds vote 
of each house, in which case it becomes a law against the 
governor's objections and is said to be passed over the 



34 WISCONSIN AND THE NATION. 

governor's veto. A bill not returned by the governor to 
the legislature within three days, Sundays excepted, be- 
comes a law without his approval, unless the legislature 
by its adjournment prevents its return. 

The Lieutenant-Governor. — The lieutenant-gov- 
ernor is elected in the same manner, at the same time, 
and serves for the same term and has the same qualifica- 
tions as the governor. He receives as compensation one 
thousand dollars for every session of the legislature, and 
mileage both ways for any session at the rate of ten cents 
per mile. 

Duties. — The lieutenant-governor is ex-officio the 
president of the senate, but he has no right to vote in that 
body except in case of a tie, when he may have the casting 
vote. 

In case of a vacancy in the office of governor, or the 
latter is out of the state, the lieutenant-governor acts as 
governor, and has all the powers pertaining to the office. 

If, during a vacancy in the office of governor, the lieu- 
tenant-governor should become disqualified or unable to 
act, the secretary of state acts as governor. 

The Administrative Officers. — The President of 
the United States has the cabinet officers who have charge, 
under the direction of the president, of the various branches 
of the federal government, as assistants in the administra- 
tion of governmental affairs. The administrative officers 
of the state might be compared to the members of the 
president's cabinet, but this distinction must be noticed: 
The president appoints his cabinet, while the most of 
the administrative officers of the state are elected by the 
people. 

The duties of the state administrative officers are pre- 



WISCONSIN AND THE NATION. 35 

scribed by statute, and they act independent. The governor 
has no direct power over them, as they act within their 
own discretion. In this regard the executive departments 
of the federal and the state governments differ very much. 
The secretary of state, treasurer, attorney general, state 
superintendent, railroad commissioner and insurance com- 
missioner make up what are known as the administrative 
officers of the state. They, along with the governor, lieu- 
tenant-governor and the members of the legislature, are 
elected at the general fall elections on the first Tuesday 
after the first Monday in November of even numbered 
years. They hold their office for two years. 

The Secretary of State — The secretary of state is 
required to take the oath of office prescribed by the con- 
stitution, and give a bond in the sum of twenty-five thou- 
sand dollars, conditional for the faithful performance of 
the duties of his office. He receives a salary of five 
thousand dollars per year. 

He is required to keep a record of the official acts of 
the executive department; to keep the state seal, and affix 
the same to all commissions issued by the governor, and 
to other official documents issued by that officer; to keep 
all books, maps, charts and many other official papers and 
documents belonging to the state and deposited or used 
in his office. 

He acts as auditor of the state, in which capacity he is 
required to keep an account of the financial affairs of the 
state in general, and draw all warrants upon the state 
treasurer. 

The State Treasurer. — The treasurer is also re- 
quired to subscribe the constitutional oath of office and 
give a bond in the sum of one hundred thousand dollars, 



36 WISCONSIN AND THE NATION. 

conditioned to faithfully perform the duties of his office, 
which bond may be increased in amount if necessary. He 
receives an annual salary of five thousand dollars. He 
has charge of all the state funds, receives all money paid 
into the state treasury, and pays the same out on warrants 
drawn by the secretary of state. 

Attorney General. — The attorney general subscribes 
to the constitutional oath of office, and gives a ten thou- 
sand dollar bond, conditioned for the faithful discharge of 
the duties of his office. As compensation he receives an 
annual salary of three thousand dollars. 

It is his duty to prosecute or defend all actions in the 
supreme court in which the state is a party. He is re- 
quired to give legal advice to district attorneys of the 
state and render written opinions on any legal question, 
when required, to either house of the state legislature or 
to any of the other state officers. 

State Superintendent. — The superintendent of pub- 
lic instruction subscribes to the usual oath of office, but is 
required to give no official bond. He has general super- 
vision of all of the common schools of the state, and is 
closely connected with the management of the normal 
schools and the state university. 

The constitution limits his salary to one thousand 
two hundred dollars, which cannot be increased without 
amending the constitution. Such an amendment was re- 
jected by a vote of the people at the fall election for 1896. 

Railroad Commissioner. — It is the duty of the 
railroad commissioner to license palace car companies 
operating in this state; to enforce all laws regulating the 
operating of railroads within the state, and inspect and 
examine the condition of all railroads with relation to the 
public safety and convenience. He investigates complaints 



WISCONSIN AND THE NATION. 37 

against the companies and renders decisions thereon, from 
which decisions appeals may be taken to the state coarts. 
He is required. to take the usual official oath, and receives 
a salary of three thousand dollars. 

Commissioner of Insurance. — The commissioner 
of insurance has general supervision over all insurance 
companies doing business in this state. He may grant 
licenses to companies to write insurance in the state,, and 
may revoke licenses for cause. He investigates the finan- 
cial standing of the various companies and issues reports 
of such investigations. He prosecutes, or causes to be 
prosecuted, all companies who may do business in viola- 
tion of law. His compensation is three thousand dollars 
per year. He also takes the official oath. 

Appointive Offices. — In addition to the above ad- 
ministrative officers, all of which are elective, there are six 
departments of the state government presided over by 
officers who are appointed by the governor by and with 
the advice and consent of the senate. 

I. The commissioner of the bureau of labor, census 
and industrial statistics is appointed for a term of two 
years. It is his duty to collect statistics of manufactures, 
industrial classes and the material resources of the state, 
and especially to examine into the relations of capital and 
labor, the protection of life and health in factories, and 
he has various other similar duties. He receives a salary 
of three thousand dollars. 

II. The state treasury agent is appointed by, and holds 
his office at the will of, the governor. He superintends 
and enforces the laws relative to the licensing of all ped- 
dlers and others selling goods by traveling from house to 
house, and licenses all such persons who are required by 



38 WISCONSIN AND THE NATION. 

law to obtain a license. He is allowed twenty-five per 
cent, of all fees which he receives in payment to the state 
for such licenses as compensation for his services. 

III. The department of public lands is under the con- 
trol of a board of commissioners made up of the secretary 
of state, state treasurer and attorney general, who appoint 
a chief clerk who has charge of the land office in the 
capitol. 

IV. The adjutant general is next to the governor in 
command of the state militia. It is also his duty to assist 
in the procuring of pensions for soldiers in the civil war. 

V. The quartermaster general has charge of the equip- 
age of the state militia and superintends the supply de- 
partment. 

VI. The department of public property is presided 
over by a superintendent, who has charge of the state 
property at Madison not otherwise provided for. He looks 
after the repair and alteration of the capitol building and 
grounds and supervises its furnishings. 





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40 WISCONSIN AND THE NATION. 



CHAPTER V. 

THE JUDICIAL DEPAKTMENT. 

The Judiciary. — The third general division of the 
state government is made up of the judiciary, which is 
the department of government that expounds the laws, or 
the body of officers (judges) who apply the law. They 
determine what the law is in any particular case properly 
brought before them. The constitution vests the judicial 
power of the state in the supreme court, circuit courts, 
courts of probate, and in justices of the peace, and allows 
the legislature to establish municipal and other inferior 
courts whose jurisdiction can never exceed that of the cir- 
cuit court, nor can the terms of office of such courts be 
longer than the circuit court term. 

Importance. — No department of government can 
truly be said to be more important than another, for each 
is equally essential to the well-being of the whole. The 
student will observe, however, that the legislature is 
unable to enact laws enough to cover every contingency. 
Thus the constitution, together with all the laws passed by 
the legislatures alone, are insufficient to do justice between 
man and man in the multitude of cases that may and do 
arise every day. 

Courts have found it necessary therefore, to decide 
cases, in which there is no statute law, upon principles of 
right and justice which can be laid down as a rule by 
which all similar cases arising later may also be decided. 



WISCONSIN AND THE NATION. 41 

These many decisions rendered by the courts of England, 
from their founding to the present time, have been adopted 
by the various states of America, Wisconsin among the 
others, as the law in the states of this country, and is 
known as the common law. 

This common law is found only in the decisions of the 
courts, reported by court reporters, and in text books dis- 
cussing the points of law gathered from those decisions. 
A complete library of the common law would probably 
contain over one hundred thousand volumes. 

It will be seen, therefore, that judges must be men of 
great learning and integrity. Anything which tends to 
lower the learning or integrity of the judiciary is a direct 
blow at organized, stable government. 

The Law of the State. — The state law may be 
divided into three classes: First, the constitutional law 
embodied in the state constitution, the highest law of the 
state. Second, the statutes of the state passed by the state 
legislature. Third, the common law or unwritten law. 

It will be remembered that the states have not the 
power to make treaties and so have no treaty law. These 
three kinds of state law rank in the order in which they 
are mentioned above. The common law must not be con- 
trary to any statute law of the state nor to the state con- 
stitution and the statutes must not be contrary to the state 
constitution, and we will here add that no state law, — 
constitutional, statute or common — can be contrary to the 
United States law, the supreme law of the land. 

The Common Law. — The thoughtful student will 
readily understand that a legislative body cannot make 
laws to cover all the exigencies that may arise in the 
administration of government, and in the relations between 



42 WISCONSIN AND THE NATION. 

individuals. New questions constantly arise in social, 
civil and commercial affairs for which the keenest legisla- 
tive foresight could not possibly provide. In England, 
therefore, whenever a case came before the courts to which 
the rules of the statute law would not apply, the court 
studied the point to be decided, by considering what had 
been the custom of the people in this regard heretofore 
and the case would be determined according to the pre- 
vailing custom and the principles of strict justice. By 
custom is meant this; suppose that in general in the coal 
mines of England miners labor eight hours a day. Under 
these conditions a miner is engaged to work for thirty 
days at two dollars per day. His employer, however, 
desires him to work ten hours each day which he refuses 
to do, but works eight hours a day for the thirty days and 
demands his sixty dollars wages. His employer claiming 
that he has not labored full time, deducts one-fifth from 
his wages for lost time and offers to pay him forty-eight 
dollars. If this case should be taken before a court it would 
be decided that eight hours was a day's work in the mines 
of England according to the custom prevailing among 
miners, which custom was so prevalent as to be a part of 
the common law of the land, and was therefore to have 
been understood as a part of the above contract. Cases in 
which customs did not exist, principles of justice were 
applied by the courts, and if a similar case should again 
arise it was usually decided in accordance with the former 
decision. Thus briefly, was formed that mass of principles 
and rules of law known as the common law of England. 
As the colonies were subject to England the rules and 
principles of the common law were administered by our 
colonial courts, and when the states became independent 
nearly all of them adopted the common law of England along 



WISCONSIN AND THE NATION. 43 

with the English statute law then in force and the two 
became the common law of the states. Since this adoption 
the various states have changed by constitutional and 
statute law many of the features of the common law, and 
have added to it not a little by the decisions of the state 
courts. The common law has been defined as ' ' the 
accumulated wisdom of the ages." 

The common law is much more important than is often 
supposed. No case can arise to which its principles will 
not apply, and it has been estimated that fifteen thousand 
written decisions are being handed down by the higher 
courts of the states and the United States in this country 
alone every year. 

It must be remembered, however, that this common 
law prevails only in the state. There is no common law of 
the United States, but the United States courts, as is 
observed elsewhere, are often called upon to apply state 
laws and consequently to apply the common law prevailing 
in the states. 

The Supreme Court. — The supreme court consists 
of one chief justice and four associate justices elected by 
the qualified electors of the state, and they hold their office 
for a term of ten years. 

They receive an annual salary of five thousand dollars. 

Three of the justices constitute a quorum to hear any 
case, or transact any business which may come before the 
court. The justice who has been longest a continuous 
member of the court is ex-officio the supreme justice. In 
case there are two such, the one whose term first expires is 
the chief justice. They hold their office for so long a term 
(ten years) that they may be as independent as possible 
from the political influences of party leaders and not be 



44 WISCONSIN AND THE NATION. 

tempted to render decisions favorable to political friends 
or parties to increase the chances of re-election. 

The chief justice is at the head of the court and acts 
as its chairman. Their terms of office are so arranged 
that the term of one justice expires and a new justice is 
elected to fill the position every two years on odd num- 
bered years. The supreme court holds two terms of court 
a year, known as the January and the August terms of 
court. The sessions are held in the supreme court room 
in the capitol building at Madison. The court is usually 
so crowded with work that it may be said that it holds 
court continually, with short intermissions in which to 
write opinions on the cases, from August of one year until 
June of the next year. 

Jurisdiction. — The supreme court has a general 
supervisory jurisdiction over all inferior courts of the 
state, in fact nearly all of its jurisdiction is of an appel- 
late nature. 

It hears appeals and writs of error from the circuit and 
certain municipal courts. By appellate jurisdiction is 
meant the hearing of cases which are brought up by 
appeal, or by a writ of error, from a lower court, which 
lower court has first tried the case and rendered its decision. 

Original jurisdiction is the right to hear a case in the 
first instance without a previous trial in a lower court. 

The supreme court has appellate jurisdiction only, 
except as to suits against the state and in the issuing of 
legal writs. The supreme court, then, is the court of last 
resort, the highest court of the state, from whose decision 
there is no appeal, except in the few cases which, because 
of their nature, may be appealed to the United States 
Supreme Court. 



WISCONSIN AND THE NATION. 45 

Original Writs. — Among the writs which the 
supreme court may issue originally are the common law 
writs of habeas corpus, mandamus, injunctions, quo war- 
ranto (war-ran -to) and certiorari (cer'-ti-o-ra'-ri). The 
supreme court will not occupy its time with the issuing of 
these writs, except in cases of importance, but will send 
the applicant to the circuit courts. 

Habeas Corpus. — The writ of habeas corpus (you 
may have the body) is the writ by which one who is ille- 
gally imprisoned or otherwise wrongfully deprived of his 
liberty, may be forthwith brought before a judge and 
given a hearing. The officer who has him in charge must 
show to the satisfaction of the judge that he detains the 
party legally, or the prisoner is given his liberty. 

A party believing himself deprived of his liberty may 
himself, or by some friend or attorney, petition any 
supreme justice or the circuit judge of the circuit, or the 
county judge, or court commissioner for a writ of habeas 
corpus, and such judge is bound to issue the writ, unless 
the facts stated in the petition clearly show him not 
entitled to the writ. The writ commands the officer to 
bring the prisoner immediately before the judge and show 
by what authority and right he detains him. If the officer 
fails to show sufficient authority the prisoner is released, 
and cannot be retaken for the same cause until the pro- 
ceedings before said judge have been reviewed and reversed 
by a higher appellate court. 

Mandamus. — Mandamus is an original common law 
writ which may be issued by the supreme court or by the 
circuit courts. 

It is made use of when there is no other adequate rem- 
edy, to compel a person or officer to perform an act which 



46 WISCONSIN AND THE NATION. 

it is clearly his positive duty to perform, as to compel the 
registrar of deeds to record a deed. Mandamus is a com- 
mand of court. 

Injunctions. — Injunctions, which in this state are not 
exactly the old common law writ of injunction, but are 
rather orders of court, are issued by the supreme court, 
circuit courts, county courts and court commissioners. An 
injunction is an order or writ which prevents one from 
doing an act which he threatens or is about to do without 
right, as where one is about to build a dam and cause water 
to flow upon or over his neighbor's land, he may be pre- 
vented from doing so by injunction. 

Quo Warranto. — The writ of quo warranto (by what 
authority) is a writ which may be issued by the supreme 
or circuit court. 

It is usually issued to some official who performs some 
act, or fills or usurps some public office without authority 
or without having been properly elected. The writ com- 
mands him to show what authority he has to perform the 
official act or to hold the office. If on the trial he can 
show no authority, he is restrained from performing the 
act, or is ousted from office, and the proper person given 
the office. 



WISCONSIN AND THE NATION. 41 



CHAPTER VI. 

THE JUDICIAL DEPARTMENT — CONTINUED. 

Certiorari. — The writ of certiorari is a common 
law writ, and is issued either by the supreme or circuit 
courts to inferior courts when proceeding in cases of 
which they have no jurisdiction, or when exceeding their 
proper jurisdiction. For instance, certiorari will be the 
proper remedy for one who is being sued in a court which 
has not the right to hear his case, as if it be a case to fore- 
close a mortgage on his farm, which farm is entirely 
within another county. He must be sued in the other 
county. And the writ of certiorari upon trial in the higher 
court will oust the lower court of jurisdiction. 

The Writ of Error — Is a writ issued out of a 
superior court to an inferior court commanding that court 
to send up the record of the case to the superior court, 
where the case is reviewed and all errors made in the lower 
court corrected. It is a common law writ, and preserved 
to us by the constitution. However, it is not used much 
as our method of appeal from inferior courts to a higher 
court is a simpler method and used almost wholly. 

Courts of Record. — A court of record is one in 
which all of its proceedings are conducted in writing, i. e. 
the plaintiff draws up his complaint in writing, the defend- 
ant answers the complaint in writing, and all other pro- 
ceedings as notices, summons, judgments, etc., are drawn 
up in writing, each side having a copy, and a copy of each 



48 WISCONSIN AND THE NATION. 

paper is filed with the clerk of the court, which papers so 
filed make up the record in the case. 

The supreme court, circuit courts, county courts, and 
municipal courts in many cases are courts of record, the 
pleadings in which must be in writing. In justice courts 
the proceedings are not in writing; each side is stated 
orally, and the justice merely keeps notes or minutes of 
what is done; this is not a court of record. 

The Wisconsin Reports. — The supreme court, 
being the court of last resort in the state, practically 
decides what the common law of the state is, and. also 
interprets the statute and constitutional law of the state. 
And it usually, in similar cases, follows its own decisions. 
It is therefore necessary that the decisions be known and 
copies of them obtainable. These decisions are, therefore, 
required to be written out by some one of the judges and, 
together with the facts and parts of the attorney's argu- 
ments in each case, are printed and bound in books, under 
the direction of the supreme court reporter. There are at 
the present time nearly one hundred volumes of these 
reports for the state of Wisconsin and several volumes are 
being added each year. All of the United States courts 
and the supreme courts of all the states have similar 
reports. These reports, together with text books on law, 
make up the lawyer's library. 

The Circuit Courts. —The state is divided into 
seventeen parts, called circuits. Each circuit has one 
circuit judge who is elected by the qualified electors of 
the circuit for a term of six years, and must reside within 
the circuit. A circuit is usually made up of several coun- 
ties, and as court is held in each county at least twice a 
year, the circuit judge goes from county to county holding 



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WISCONSIN AND THE NATION. 49 

court, and thus makes a circuit of the counties in his juris- 
diction. Hence the name, circuit court. The circuit 
judges receive an annual salary of three thousand six 
hundred dollars, and four hundred dollars for traveling 
expenses. 

Jurisdiction. — The circuit court is a court of general 
jurisdiction. It has authority to try all cases which arise 
within its territorial limits except actions against the 
state, which are tried only in the supreme court. Nearly 
all of the important litigation is in the circuit court origi- 
nally and may be appealed from this to the supreme court. 
The circuit court has general supervision over all inferior 
courts and hears appeals from, and issues writs of mandamus 
and certiorari to county, municipal and justice courts, and 
may issue all other writs necessary to carry into effect its 
judgments, orders, decrees, etc. 

Vacancies and Elections. — Vacancies in the su- 
preme or circuit courts may happen by the death or resig- 
nation of the justice or judge, by removal from state or 
circuit, by impeachment, or by his accepting any other 
office. Vacancies are filled by appointment by the gov- 
ernor for the supreme and circuit courts, such appointees 
to hold until the office is filled by an election. 

It is the theory of both our state and national govern- 
ments that the judiciary should be as free as possible from 
political influences. Our liberties are wrecked when once 
our judges become corrupt. The judiciary must be kept 
pure, regardless of all else. 

For this reason the terms of our higher judicial officers 
are longer than the terms of other state officers, that judges 
may not be tempted to favor parties to assist in their 
re-election. Judicial elections cannot be held for supreme 



50 WISCONSIN AND THE NATION. 

and circuit judges at the same time that other state officers 
are elected, nor within thirty days before or after such 
general election. This removes the judiciary from party 
influences and corrupt political practices almost completely, 
and has served to give us an almost ideal corps of judges. 
Our judicial elections are, therefore, held on the first 
Tuesday of April after a vacancy, or on the first Tuesday 
of April next previous to the expiration of a judicial term 
of office. The term of office begins on the first Monday 
of January next after their election for both supreme and 
circuit judges. If elected to fill a vacancy, the supreme 
justice takes his office the first day of the term next suc- 
ceeding his election, and the circuit judge on the first Mon- 
day of June following his election. 

Qualifications. — A judge must be a citizen of the 
United States, twenty-five years of age, and be a qualified 
elector of the district for which he is elected. 

No circuit or supreme judge is allowed to receive any 
other compensation or fee than the regular salary allowed 
by law. He can hold no other than a judicial office during 
the time for which he is elected, nor can he ever be a can- 
didate for any other than a judicial office, and votes cast 
for him for any other office are void. 

The idea is that judges should not interest themselves 
in general elections. Their whole time should be devoted 
to the cases brought before them, and their whole duty 
should be to render strict and impartial justice between 
those who may appear in court. 

Removal by Address. — The judges of the supreme 
and circuit courts are given a great deal of power under 
our system of government. They control the most im- 
portant affairs between man and man ; they even decide 



WISCONSIN AND THE NATION. 51 

what are the powers of the various departments of govern- 
ment, and interpret the constitution and the laws passed 
by the legislature. 

They may, and of right do, go so far as to determine 
their own powers and duties. 

Such being the case, there is great necessity for some 
means of holding them to account for a strict performance 
of their duty according to the laws prescribed in the con- 
stitution and the statutes. 

They may be impeached the same as other state officers 
by the assembly and tried by the senate, but in the case of 
judges there is a shorter and more summary remedy, known 
as removal by address. 

The judge to be so removed is served with a copy of 
the charges made against him by the legislature, and is 
allowed a hearing in his defense, after which, by a two- 
thirds vote of all the members of each house, his removal 
is ordered. The order would probably be addressed to the 
governor as the executive officer, who executes the order 
removing the judge, and appoints another to fill the 
vacancy so caused. 

This severe measure has never yet been resorted to, and 
this speaks well for the integrity of our judiciary, but it 
is a remedy available in case of necessity, and no doubt is 
a wholesome check. 

County and Probate Courts. — In each county of 
che state there is established a county court, which has the 
jurisdiction of the probate courts spoken of in the consti- 
tution. 

These county courts are courts of record, and are pre- 
sided over by a county judge elected by the qualified elect- 
ors of the county at the regular spring or judicial election 
held on the first Tuesday in April, for a term of four years. 



52 WISCONSIN AND THE NATION. 

The salaries of county judges vary in the different 
counties. The regular term of office begins on the first 
Monday in January following the election. 

Vacancies are filled by appointment by the governor, 
and the appointee holds for the unexpired term. As county 
judges are intrusted with funds and valuable papers of 
various parties who appear in their courts, they are required 
to take the constitutional oath of office and give a bond in 
the sum of three thousand dollars. 

Jurisdiction. — All county courts have general pro- 
bate jurisdiction, such as the probate of wills, settlement 
of the estates of deceased persons, and appointment of 
guardians for infants, insane and other persons incompe- 
tent to manage their own property. 

In addition to the above some county courts have been 
given jurisdiction of a minor class of cases of both a civil 
and a criminal nature. 

The powers of county courts vary, and as they are 
courts of limited jurisdiction, they have no jurisdiction 
but such as is given them by statute. 

Many of them may hear appeals from justice courts, 
and from some county courts an appeal may be taken direct 
to the supreme court, but appeals from most of the county 
courts must be to the circuit court. 

Justice Courts. — In each township of the state at the 
spring election there are elected annually two justices of 
the peace who hold their office for two years. By this 
arrangement, it will readily be seen, each township has 
four justices of the peace. They hold their office within 
the township but have jurisdiction, territorially, through- 
out the county. These are pre-eminently the people's 
courts, no lawyers are necessary, and the proceedings are 
as simple as possible. 



WISCONSIN AND THE NATION. 53 

The justice receives no salary, but charges certain fees 
in each case. 

Their term of office begins on the first Monday in May 
next after their election. 

Vacancies may be filled by a special election or by a 
temporary appointment by the town board. 

Jurisdiction. — In general, justices of the peace have 
jurisdiction of civil cases involving two hundred dollars 
or under, and of the lesser criminal offenses. 

In case of the graver crimes the justice may conduct a 
preliminary examination and if he sees fit bind the accused 
over to appear at a higher court by requiring him to give 
a bond or be sent to jail to await trial. 

State Courts. — Territorially considered, it will be 
noticed that the supreme court has jurisdiction throughout 
the state; circuit courts throughout the circuit; county 
courts throughout the county, and that justice courts, 
although having jurisdiction throughout the county, also 
are the courts of the township. 

Nevertheless, all of the above courts are state courts, 
organized by state law to enforce the general laws for the 
benefit of the whole state. They are not mere local insti- 
tutions, but are agents of the state as a whole. Municipal 
courts and police courts are more of local institutions, 
being a part of the municipal government of cities and 
incorporated villages. 

Arbitration and Award The constitution, going 

upon the theory that litigation is a necessary evil to be 
avoided if possible, authorized the legislature to establish 
tribunals of conciliation in every township of the state, the 
idea being that in such a tribunal, or board, real justice 



54 WISCONSIN AND THE NATION. 

would be done both parties without the formalities of law 
and the expense of protracted law suits. 

The legislature has failed, so far, to establish such 
tribunals, but it has enacted laws prescribing the methods 
by which parties may submit their differences to one or 
more impartial persons who shall make an award as to the 
the rights of the parties, which answers the same purpose 
as the tribunal of conciliation contemplated in the con- 
stitution. 

Criminal and Civil Actions. — Actions or suits 
may be divided into two general classes, criminal and 
civil. A crime is an offense committed against the state 
and the prosecution in a court for such an offense is a 
criminal action. 

A civil action is one brought to enforce a property 
claim or right, such as to collect a debt. If a person com- 
mits a battery upon you, both of these actions may be 
brought against him; first, he may be sued by the state in 
a criminal action for disturbing the peace and if convicted, 
be fined or imprisoned. Second, you may sue him in a 
civil action to recover the damages you suffered by being 
bruised and battered and get judgment against him for 
twenty dollars, or whatever damages you may be able to 
prove you have suffered. 

All legal papers, writs and processes run in the name 
and by the anthority of the state of Wisconsin, and in 
criminal actions the state has a special officer, the district 
attorney, who prosecutes the accused in the name of the 
state. 

The Publication of the Laws. — It is one of the 

theories of all modern governments that every person sub- 
ject to the law knows the law, or, in other words, igno- 



WISCONSIN AND THE NATION. 55 

ranee of the law is no excuse. That this may not be so 
harsh a rule it is required that all laws must be published 
before they take eifect. Our laws are published in nearly 
all the newspapers of the state and in bound volumes known 
as the session laws. 

The rule spoken of above is necessary, otherwise the 
worst criminal would plead his ignorance of the law and 
escape free from punishment. All people do not know the 
law, however, and therefore it is quite necessary in many 
cases to have the assistance of a lawyer, which right is 
given every party to any suit in this state. One has how- 
ever the right to defend or prosecute his own suit in any 
court in the state in person. 

The Code. — It will be remembered that we have 
adopted the common law of England along with which has 
developed a system of procedure, or a method of conduct- 
ing affairs in court, which is both very technical and cum- 
bersome. All of its forms are long, and each kind of 
action has a different prescribed set of forms by which it 
must be conducted in court. 

Many of the states of the Union, Wisconsin among them, 
have adopted a procedure of their own, prescribing the 
methods of commencing and conducting the various actions 
in court by a simple, uniform system, easily understood 
and without unnecessary technicalities. This is known as 
our code, or code of procedure. 

Court Commissioners. — There are many duties of 
a judge which may be done out of court, at chambers, as 
it is called, during vacation when the court is not convened, 
such as granting motions, making orders, hearing testi- 
mony, etc. As the circuit judge is often in some other 
county of his circuit, many miles away, it is convenient to 



56 WISCONSIN AND THE NATION. 

have some one in the county who is authorized to perform 
these simple duties of a judge at chambers. It is there- 
fore provided that each circuit judge may appoint five 
court commissioners in each county of his circuit, each one 
of whom has nearly the same authority as a judge out of 
court. The court commissioners are usually lawyers and 
are authorized to issue subpoenas, take testimony (deposi- 
tions), issue attachments and other processes, administer 
oaths and do many other similar duties. They are com- 
pensated for what they do by certain prescribed fees fixed 
by law. County judges are also given the powers of a 
court commissioner. 



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CHAPTER VII.. 

COUNTY AND TOWN GOVERNMENTS. 

Corporations. — A corporation is an association of 
persons organized in pursuance of law, with a given name 
and a fixed place of business. It is a sort of artificial per- 
son existing, in contemplation of law, as a separate individ- 
ual from those who are its members. 

It acts in many respects as a single individual. 

Private corporations are formed for purj^oses of busi- 
ness and have a capital stock; or else for social, educational 
or charitable purposes, when they need have no capital 
stock. 

Public corporations include incorporated villages and 
cities, and also counties, towns and school districts, and 
of course states and in a sense, the nation also. 

The term municipal corporation is more properly 
applied to incorporated villages and cities. These are 
incorporated at their own solicitation and for local pur- 
poses, and not as mere assistants in the general state gov- 
ernment. "Municipal corporation," therefore designates 
merely a village or city corporation. 

Counties, towns and school districts are not, properly 
speaking, municipal corporations. 

All of these corporations are organized in pursuance of 
law, and have no powers but those granted to them 
expressly, or those essential to accomplish the objects for 
which the corporation was established. 

Private corporations, and also villages and cities, are 



WISCONSIN AND THE NATION. 59 

given charters as evidence of their corporate existence and 
these charters recite the name, purposes and powers of the 
corporation. 

Counties, towns and school districts have no charters 
given them, and have no powers but those especially or 
impliedly granted to them by the laws of the state, but 
they are especially declared by statute to be bodies cor- 
porate. 

Relation to the State. — Primarily all the powers of 
government within the state have been vested by the con- 
stitution in the state government, but the legislature is 
authorized to bestow upon the various subdivisions of the 
state certain powers. 

For the mere convenience of the state, therefore, and 
not for any particular local interest, the state is subdivided 
into counties and the counties are again subdivided into 
towns. 

In each of these civil or political subdivisions of the 
state is established a county or a town system of govern- 
ment which acts subordinate to and in conjunction with 
the state government of which it is really a part. 

The government within the town and county, therefore, 
cannot be considered as a separate government, and in no 
sense is it independent of the state government. On the 
contrary the county, and town, their offices and rights are 
creatures of the state legislature. Their organization and 
their property are at the disposition of the state. The 
legislature may reform the county government at any time, 
and it may order the disposition and creation of county 
funds as it chooses, if not in violation of the constitution. 

County and Town Officials, — The relation of the 
town and county governments to the state is more clearly 



60 WISCONSIN AND THE NATION. 

seen by a study of the several offices. The justice of the 
peace is a town officer; the county judge, and in a sense, the 
circuit judge are county officers, but none of these have 
any absolute powers in themselves nor any derived 
from the county or town. All of their powers come from 
the state. 

The decision of the justice of the peace is not final, but 
is under the supervision of the circuit judge or court, 
which court may rehear the case and reverse or approve 
the decision of the justice. In the same way the decision 
of the circuit court is not final, but that court is under the 
supervision of the supreme court of the state. 

Again, the district attorney of the county prosecutes 
all criminals for the state, within his county, but upon 
appeal of these cases to the supreme court, the attorney 
general argues the case before the supreme court. In 
short, it may be said, then, that the county and town 
officers perform the duties of the various state officers 
within the town and county, as for instance, the town 
treasurer collects the town, county and state taxes levied 
within his town, and pays all except the town tax over to 
the county treasurer, and the latter pays over the state tax 
to the state treasurer. 

The town and county clerks in a slight degree act in 
conjunction with the state clerk called the secretary of 
state. And so we might compare other officers with 
similar results. 

However, the town and county officers do not derive 
their powers from, nor act under the direction of, the 
general state officers, but all of the duties and authority are 
prescribed by statutes passed by the legislature, as are also 
the duties of the state officers at Madison. 

The town and county officers are not subordinate to 



WISCONSIN AND THE NATION. 61 

the state officers in any degree, yet they are, in a sense 
their assistants. 

Uniform System. — The constitution provides that 
the legislature may establish but one system of town and 
county government, which system must be as nearly 
uniform as practicable. Accordingly all of the counties of 
the state are organized as nearly as practicable in the same 
way, and the same is true of the towns. This insures to each 
town or county equal methods of government with all of 
the other towns or counties of the state. No discrimina- 
tions can be made in favor of one over the others. 

The County Seat. — The county seat is the place 
within the county at which the county government is con- 
ducted. It is the capitol of the county. The county 
usually has a suitable building constructed at the expense 
of the county in which are the offices of the various 
county officials. This is the county house, or court house, 
in which the county board meets, and here are held also 
the county and the circuit courts. 

The location of the county seat may be fixed originally 
by the legislature upon the creation of the county. If not 
so fixed the county board for the county, at its first meet- 
ing, must locate the county seat which can only be changed 
thereafter by a vote of the people of the county. In ad- 
dition to the court house each county must have at the 
county seat a jail for the retention of prisoners, and is 
liable for the escape of any prisoner because of the ineffi- 
ciency of the jail. 

For the erection of these and other county buildings 
the county is allowed to borrow money and issue its bonds 
as security for its loan, but a sufficient tax must be annu- 
ally assessed and collected to pay the debt as it be- 
comes due. 



62 WISCONSIN AND THE NATION. 

The County Board of Supervisors. — The county 
board of supervisors is made up of representatives from 
each town, city or incorporated village within the county. 

The chairman of the town board of each town in the 
county is ex-officio a member of the county board. 
Each incorporated village or city within the county 
has a representative from every ward, or part thereof, 
to represent its interests on the county board. 

The number of members of the county board, there- 
fore, varies in the various counties according to the num- 
ber of towns and wards or parts of wards in the county. 

Those members of the county board who represent 
cities and incorporated villages are elected annually by 
the electors of the wards at the time of election of city or 
village officers. 

They receive as compensation three dollars per day 
not exceeding fifteen days (twenty days in counties having 
over 15,000 population) for every day in actual attendance 
and six cents mileage and extra pay for committee work. 

Methods. — The county board meets annually on the 
Tuesday after the second Monday in November. Special 
meetings may be called by a majority of the members. A 
majority of the members of the board constitute a quorum 
to do business. 

The meetings of the county board are open to the 
public and their proceedings are also published in some 
newspaper in the county. At their first meeting they 
select one of their number to be their chairman who pre- 
sides over their meetings, appoints committees and per- 
forms other duties devolving upon him. 

Powers and Duties The county board is author- 
ized (1) to make such disposition of the county property as 
they deem proper, either to sell, purchase, or repair the 



WISCONSIN" AND THE NATION. 63 

same; (2) to examine and settle all accounts of the receipts 
and expenses of the county; (3) to examine and settle all 
claims against the county and if allowed may issue orders 
for their payment; (4) to build and keep in repair all 
county buildings or provide suitable rooms for county 
purposes; (5) to insure county buildings; (6) to apportion 
and levy all taxes; (7) to make out jury lists; (8) to fix 
the salaries of county officers. 

In addition to the above the board has certain powers 
regarding; (1) the organizing and changing the boundary 
lines of towns; (2) the control of state roads; (3) the 
allowance of bounties for the destruction of injurious 
animals as wolves, wild-cats and lynxes; (4) the changing 
of the names of towns, villages, or persons; (5) the grant- 
ing of charters for the maintenance of toll bridges and 
roads and ferries. They also represent the county in the 
care of its property, and the management of its business 
in all cases not otherwise provided for. 

County Officers. — The officers of the county are the 
sheriff, clerk of the circuit court, register of deeds, 
county treasurer, county clerk, county superintendent of 
schools, coroner, district attorney, and county surveyor. 
The first five of these must have their offices at the county 
seat and keep the same open during the usual business 
hours of each week clay. 

All of the above officers are elected for a term of two 
years, at the general election for state officers, and take 
their office on the first Monday of January next after their 
election. Each of them is required to take the oath of 
office and the same requirement is demanded of their 
deputies, if they have any. 

The county judge may also be considered a county 
officer. 



64 WISCONSIN AND THE NATION. 



CHAPTER VIII. 

COUNTY AND TOWN GOVERNMENTS. CONTINUED. 

County Superintendent. — There is one superin- 
tendent of schools for each county, but in counties of over 
fifteen thousand inhabitants the county board may divide 
the county into two districts, when there must be one 
county superintendent for each district. 

The jurisdiction of the superintendent extends through- 
out his county or district, but every city having a board or 
officer vested with the power of superin tending the schools 
and examining and licensing teachers is exempt from the 
jurisdiction of the county superintendent. 

The county superintendent receives a salary, the amount 
of which is fixed by the county board. If for any reason 
the office should become vacant, the state superintendent 
of public instruction appoints a county superintendent to 
serve for the remainder of the term. 

The superintendent has general supervision and visit- 
ing powers over the schools within his county or district, 
and examines and licenses teachers to teach therein. He 
is required to give a bond as security for the funds and 
property which come into his hands. 

The County Clerk. — The county clerk is the secre- 
tary or clerk of the county board, and attends all its meet- 
ings and keeps a record of all its proceedings. He has his 
office at the county seat, and in general keeps all accounts 
of the county. He draws and signs all warrants upon the 



AVISCONSIN AND THE NATION. 65 

county treasurer authorized by the board, and keeps on file 
in his office all papers left with him to be submitted to the 
county board at its next meeting. His salary is fixed by 
the county board. He may appoint a deputy, who holds 
his office subject to the will of the clerk, who may perform 
any or all of the duties of the office during the absence or 
disability of the clerk. 

In case of a vacancy the county board may appoint 
some person to fill the office for the remainder of the term. 
The county clerk gives a bond of two thousand dollars. 

County Treasurer — The county treasurer is the 
custodian of all county funds. He receives all moneys 
belonging to the county from whatever source derived. 
He pays out county money only on the orders or warrants 
authorized by the county board, issued and signed by the 
clerk and countersigned by the chairman of the county 
board. He must keep a true and accurate account of all 
funds which come into his hands, or which are paid out by 
him by virtue of his office. He receives the amount of 
the state tax from the town treasurers, and pays the same 
over to the state treasurer, and performs various other 
duties prescribed by law. 

The county treasurer must give a bond in an amount 
double the amount of the taxes receivable by him for the 
year. His salary is fixed by the county board. 

In case of a vacancy in his office the county board may 
fill the same by appointment for the remainder of the term. 

Sheriff. — The office of sheriff is one of the most re- 
sponsible of the county offices, for which reason he is 
required to give a large bond of not less than five thousand 
nor more than twenty-five thousand dollars. The sheriff 
is liable on his bond for the faithful performance of the 

5 



66 WISCONSIN AND THE NATION. 

duties of his office, not only to the county but also to the 
private individuals whom he serves in legal matters per- 
taining to his office. The sheriff appoints to assist him in 
his duties an under-sheriff, and also such deputies as he 
may need, who hold their offices subject to his will, and of 
whom he may require a bond. The sheriff is liable for the 
acts of his deputies or under-sheriffs. 

In case of a vacancy the governor may fill the same by 
appointment to serve for the remainder of the term. 

It is the duty of the sheriff to have in charge the jail 
of his county, and keep in custody all persons therein or 
committed thereto, and a register of such persons, giving 
their names, description, etc. ; to attend upon the circuit 
court of his county whenever in session; to serve or exe- 
cute according to law all writs, processes, precepts and 
orders properly made and to him directed. It is further- 
more the duty of the sheriff to keep the peace within his 
county and to suppress all riots or other disturbances 
therein, and if necessary may £all to his aid such persons 
of the county as he may deem proper. Those called to his 
aid to assist him in keeping the peace are called the sher- 
iff's posse. Persons so called are bound to assist him. 

The sheriff is disqualified to succeed himself in office, 
probably that he may not be tempted to use his office to 
aid in his re-election. The sheriff and his deputies are 
disqualified to act as attorney or give any legal advice. 

His compensation consists of fees prescribed by law for 
the various duties which he performs. 

Coroner. — The coroner is required to give a bond of 
at least five hundred and not more than ten thousand dol- 
lars. 

Whenever the sheriff is a party to an action, or when- 
ever the sheriff is deemed by a party to an action to be 



WISCONSIN AND THE NATION. 6*7 

prejudiced or untrustworthy, or whenever there shall be no 
sheriff or under-sheriff, the coroner acts as or performs the 
duties of sheriff. 

Coroners also inquire into the causes of death and hold 
inquests over the bodies of dead persons when the circum- 
stances of the death are unusual and suggest crime in 
regard thereto. However, the inquests in this state are 
usually held by justices of the peace. For this reason the 
office of coroner in counties of small population is not 
very important, although an office created by the constitu- 
tion, and a vacancy in which may be filled by appointment 
by the governor. 

Clerk of the Circuit Court. — The clerk of the cir- 
cuit court is required to give a bond of not less than five 
thousand dollars. The clerk is allowed a deputy to assist 
him or perform the duties of the office during his absence. 

It is the duty of the clerk to keep a record of all the 
proceedings of the circuit court of his county; to keep a 
list and account of all witnesses, jurors and interpreters, 
sheriff and deputies, and the amounts due the same for 
attendance at the court. He keeps on file in his office the 
various papers and pleadings of causes and proceedings in 
the circuit court, which may be filed in his office. 

No clerk can act as a justice of the peace, nor as an 
attorney in the court for which he is clerk during his term 
of office. His compensation is by way of fees allowed and 
prescribed by law for the various duties which he per- 
forms. Vacancies in his office are filled by appointment 
by the circuit judge. 

District Attorney. — The district attorney is required 
to give a bond of one thousand dollars. The salary of 
this office is fixed by the county board, and all fees or 



68 WISCONSIN AND THE NATION. 

money received in the course of his duties must be paid 
into the county treasury. In case of a vacancy, the office 
is filled by an appointment by the governor to serve for 
the unexpired term. 

It is the duty of the district attorney to prosecute or 
defend all suits, both civil and criminal, in the circuit 
court of his county in which the state or county is a party 
or interested (if such suits are appealed to the supreme 
court the attorney general of the state acts as the attorney). 
He is also required to prosecute all criminal cases in his 
county before any court desiring his services, and to con- 
duct all criminal examinations before any magistrate. 

He must give legal advice to the county board and 
other county officers, when requested to do so, regarding 
matters pertaining to their official duties, and appear as 
prosecuting attorney and legal adviser before the grand 

Register of Deeds. — The register of deeds gives a 
bond of three thousand dollars. He is allowed one or 
more deputies to assist him in the duties of his office, and 
receives his compensation by means of fees charged for 
services performed. The governor, by appointment, for 
the unexpired term, fills any vacancy which may occur in 
this office. 

The register of deeds is required to record in suitable 
books in his office all deeds, mortgages, maps, instruments 
and writings which by law are required to be, or may be 
recorded; to register all marriages, deaths and births in 
his county, as required by law; to make a correct copy, 
duly authenticated, of any deed, map or record whatsoever 
recorded in his office, upon demand of any one desiring 
the same, upon payment of the prescribed fee. 



WISCONSIN AND THE NATION. 69 

County Surveyor. — The county surveyor is required 
to give a bond in the sum of one thousand dollars. He is 
compensated for the work which he performs by fees pre- 
scribed by law. In case of a vacancy in his office the 
county board may appoint some one to fill the vacancy for 
the remainder of the term. 

He is required to make any surveys ordered to be taken 
by the court, or desired by individuals or corporations; to 
make a record of the plat and notes of all surveys made 
by him and keep the same in his office for public inspec- 
tion; to furnish a copy of any plat, record or survey to 
any one desiring the same, upon payment of the prescribed 
fee. 

General Observations — As we have treated of the 
office of county judge under the heading of the judicial 
departmeut of the state government, it is omitted here. 
The constitution especially provides for the offices of 
sheriff, coroner, register of deeds and district attorney, as 
well as for that of county superintendent, which accounts 
for such offices being filled, whenever a vacancy in them 
occurs, by appointment by the governor, or, as in case of 
superintendent of schools, by the state superintendent, 
while the remaining county offices, being created by stat- 
ute, are filled, when a vacancy occurs, by appointment by 
the board of supervisors of the county, except that of 
clerk of the circuit court, filled by appointment by the 
circuit judge. 



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WISCONSIN AND THE NATION. 71 



CHAPTER IX. 

COUNTY AND TOWN GOVERNMENTS CONTINUED. 

The Town. — As we have seen, the town is one of 
the subdivisions of the county. It is the primary, 
the first, political or civil organization of the people. 
Next above the town, is the county organization, and 
above the county is the state, and above the state, the 
nation. 

But the town, as w^ell as the county, is not a separate 
organization from the state but is rather a part of the state 
system of government. 

The town is not organized directly for its own benefit, 
but principally as an aid to state government. 

Like the county, the town is a body corporate, but the 
purposes of this corporation are not manufacture, nor busi- 
ness of any kind other than governmental. 

Town Meetings. — The government of the town is 
quite democratic in form, for here we have an assembly of 
the people (electors) once each year, at least, in what is 
known as the annual town meeting, at which the electors 
sit in a body as a sort of legislature or law-makers for the 
town to the extent allowed by law. 

This annual town meeting is held in the town hall in 
each town on the first Tuesday of April of each year. 

The chairman of the town board of supervisors pre- 
sides as chairman of the meeting and the board of super- 
visors act as inspectors of the election at the town meet- 
ing. 



72 WISCONSIN AND THE NATION. 

The town clerk acts as clerk of the meeting and is 
required to keep accurate minutes of all its proceedings. 

Special town meetings may be called at any time, by 
the town clerk, upon the application of twelve of the 
electors of the town, for the election of officers to fill 
vacancies, or the transaction of any business which might 
be done at an annual meeting. 

Powers of Town Meeting. — At the town meet- 
ing are elected, by ballot, the various town officers, in- 
cluding the chairman and two associate members of the 
town board, the town clerk, the town treasurer, also the 
assessor, justices of the peace and constables. 

In addition to holding the town election the meeting 
is a sort of legislative body for the town, and is author- 
ized to enact laws upon certain subjects under certain lim- 
itations for the government of the town. 

The town meeting may authorize the raising of money 
for the repair and building of roads and bridges, for the 
support of the poor, and for other proper charges and 
expenses of the town. It may direct the prosecution or 
defense of any law suit to which the town is a party, and 
may employ attorneys for the purpose. It may pass such 
laws as are deemed proper for the restraint of drunken- 
ness or disorderly conduct of any kind within the town. 

The town meeting may direct the settlement or com- 
promise of any debt, legal claim or suit against the town 
and may authorize the town board to issue the bonds of 
the town to raise funds for any legal purpose; or to sell 
any property of the town which can lawfully be sold; or 
to purchase suitable grounds for cemetery purposes, or to 
do various other things of a similar nature. 

Some of the measures voted on at the town meeting 



WISCONSIN AND THF. NATION. 73 

must be voted for by ballot, but the most of the business 
at the meeting may be voted on by acclamation. 

The qualified electors of the town make up the town 
meeting. 

Town Officers. — The town officers are the town 
board, consisting of the chairman of the town board and 
two supervisors, the town clerk, treasurer, assessor (either 
one, two or three as the town board may have ordered), 
four justices of the peace and constables. 

All of the town officers are required to be electors of 
the town, and no one person can hold the office of treas- 
urer and assessor at the same time. 

The above officers are elected at the annual town meet- 
ing by ballot. Their terms of office are for one year, 
except the terms of office of the town board for Milwaukee 
County, which are for two years; and the terms of office of 
the justices of the peace who hold their offices for two 
years, two being elected each year. If the town has a 
town library there may be elected a town librarian. 

Should a vacancy occur in any town office the town 
board may make an appointment to fill the vacancy for the 
unexpired term, but in case of a vacancy in a justice's 
office the appointee of the town board acts as justice only 
until the office may be filled at the next election. Should 
a vacancy occur in the town board the remainder of the 
board together with the town clerk make an appointment 
to fill the same. 

The town officers receive a reasonable compensation for 
the services which they perform. Justices of the peace 
are compensated by fees; the treasurer by a per cent of 
the amount of tax collected; the constable, by fees; the 
others by amounts allowed by the town board or the an- 
nual town meetino-. 



14 WISCONSIN AND THE NATION. 

The Town Board. — The supervisors of each town 
constitute the town board, consisting of the chairman and 
two associate members, any two of the board constitute a 
quorum to do business. 

Speaking generally, they are authorized to carry into 
effect any measures enacted at the town meeting. 

They have charge of all the affairs of the town not by 
law committed to other officers. 

They draw all orders upon the town treasury for all 
expenditures, other than those for schools, and have 
charge of all law suits to which the town is a party, and 
enforce all contracts, penalties and forfeitures accruing to 
the town. 

They also act as the board of audit and as such board 
meet twice a year, on the Tuesday next preceding the 
annual town meeting, and on the first Tuesday in Decem- 
ber, and examine and settle all accounts against the town 
and examine the accounts of each town officer. 

The town board may appoint policemen and a night- 
watchman for any unincorporated village in the town hav- 
ing a population of three hundred or over and may make 
any reasonable regulations and by-laws they may deem 
proper for the prevention of disorderly conduct. 

Town Clerk. — The town clerk acts as clerk or secre- 
tary, at all town meetings, and keeps a faithful record of 
all the proceedings. 

He also acts as clerk of the town board, and keeps a 
record of all their proceedings. He has in custody all 
bonds, oaths of office, chattel morgtages, records, etc., 
filed in his office as required by law, which may be exam- 
ined by the public, and copies of the same made and 
taken. 



WISCONSIN AND THE NATION. *75 

Town Treasurer. — The town treasurer is required 
to give a bond equal to the estimated amount of money 
that will come into his hands. 

He is required to receive and care for all moneys belong- 
ing to the town, or which are paid into the town treas- 
ury, and to pay the same out only upon the order of the 
town; to keep an accurate account of all moneys received 
and paid out by him as treasurer; to collect all taxes 
and make proper return thereof, and to do various other 
duties of a similar nature. 

Constables. — The constables are the ministerial 
officers of the justices of the peace. They are required 
to serve all writs, processes, orders or notices and execute 
any order, warrant or execution of any court or officer; to 
cause to be prosecuted all violations of law of which they 
have knowledge or information. The constable has 
authority to arrest all persons whom he knows, or has 
cause to believe, to be violating the laws of the state or 
disturbing the peace. He is the peace officer ol the town. 

Justices of the Peace. — We have already treated of 
the duties of justices of the peace under the subject of 
the state judiciary. He is the judicial officer of the town 
and is empowered to maintain peace and order. 

Cases of arrests for disorderly conduct are heard before 
a j ustice of the peace as soon as conveniently may be. The 
justice is elected for a term of two years and holds his office 
until his successor is elected and qualified. 

Assessors. — Assessors are elected at each annual 
town meeting one, two, or three in number according to 
the determination of the town board. 

The assessor assesses or ascertains the amount and 
value of property w r ithin his district, subject to taxation 
and the party against whom the tax is to be charged. 



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WISCONSIN AND THE NATION. 77 



CHAPTER X. 

MUNICIPAL GOVERNMENT. 

Municipalities The term municipality should be 

used only in reference to villages and cities, and in that 
sense we shall use it, although it is often used by careless 
writers to denote any division of the local government, 
even a town or county. 

Village and city government is the subject herein 
treated. A hamlet of only a few households becomes a 
village or a city, commonly speaking, by an increase of its 
inhabitants. A densely populated district is one of the 
essentials of a city. 

In these districts where so many people gather and 
establish their homes, manufactories, and business institu- 
tions, there develop needs unknown to the country in 
general. 

The people for the preservation of health demand 
extensive sewers, efficient health officers, health regula- 
tions for the prevention of contagious diseases. For the 
preservation of the peace the people demand certain laws to 
regulate conduct within the city, to regulate and con- 
trol the saloons, gaming houses, circuses and parades. 
The city also needs a sufficient number of policemen to 
preserve order and enforce these special rules. 

For the convenience of the people in general they 
demand improved streets and sidewalks; street railways, 
electric and gas lights, telegraph and telephone facilities 



IS WISCONSIN AND THE NATION. 

and other conveniences now considered absolute essentials 
in the cities but which are not practicable in the country 
districts. 

The state at large, then, is not interested in these local 
demands of the villages and cities. They in no way add 
to the efficiency of the state government but are necessary 
for the villages and cities only. 

Villages and cities are, like counties and towns, aids to 
state government, in that they perform all the functions 
of local government and ensure the enforcement of state 
laws as do towns and counties but in addition they have 
many powers and duties not given to towns and counties, 1 
as the above instances illustrate. 

Incorporation. — That the people of a village or city 
may have the right to pave their streets, build street car 
lines, and acquire and establish other such conveniences, it 
is necessary for them to be granted this right by the legis- 
lature on behalf of the state, for otherwise they would 
be only a part of a town with no more rights or privileges 
than a town has. These villages and cities, therefore, have 
had the legislature grant them charters which establishes 
a sort of local self-government for each village or city in- 
dependent of the town in which it is located. These char- 
ters also give them the rights above noted so essential to 
city government. The obtaining of these charters is their 
incorporation. 

Charters. — The most of the villages and cities of the 
state have been incorporated at different times by special 
acts of the legislature. Consequently, their charters differ 
very much in the details and it would be impracticable to 
here give more than an outline of what the charters usually 
prescribe as the powers, duties and rights of the village 
and city governments. 



WISCONSIN AND THE NATION. 79 

The charters usually designate the officers to be elected 
ill a village or city and their duties, prescribing in outline 
the general plan of the local government. To each city 
or village are also delegated certain legislative powers, as 
the right to prescribe police regulations for the perserva- 
tion of the peace and good order of the community, the 
right to pass ordinances granting franchises to street car, 
waterworks, telephone, gas and other similar companies, 
providing for the establishment of such conveniences for 
the benefit of the people. 

But an amendment to the constitution in 1871 pro- 
hibited the granting of special charters or amendments 
thereto for villages, and in 1892 another amendment was 
passed placing a similar prohibition upon special charters 
and amendments thereto for cities. Previous to these 
dates however, all of the villages (1871) and cities (1892) 
were incorporated by special charters, which charters 
remain in full force unless voluntarily abandoned by the 
city or village. 

At the time of the above amendments to the constitu- 
tion, there were passed general laws providing for the 
incorporation of villages and cities under a uniform gov- 
ernment. All villages hereafter incorporated must be 
incorporated under the general law providing for the 
incorporation and government of villages, and all cities 
hereafter incorporated must be incorporated under the 
general law providing for the incorporation and government 
of cities. These general laws consider a community having 
a population of from three hundred to two thousand a 
village, and communities of a greater population than two 
thousand are ranked as cities. 

Villages and cities formerly incorporated under special 
charters may, if they desire, surrender their charters and 
adopt the government provided by these general laws. 



80 AVISC0NS1N AND THE NATION. 

The governments of the various villages and cities of 
the state are quite similar, although the most of them are 
organized under special charters, and the remainder under 
the general laws. As the government of the villages is so 
much like the government of the cities, and as all which 
are organized under a special charter diifer from each 
other in some slight degree, it will "be sufficient to here 
merely outline the general plan of these governments. It 
should be considered in this connection, however, that the 
larger the city, as a rule, the more elaborate is its govern- 
ment, the more numerous are its officers and the more 
extensive are the powers granted to it. 

Officers. — The elective officers of a city are usually a 
mayor, one or more aldermen from each ward, a city 
treasurer, a city clerk, an assessor, one or more justices of 
the peace, a police justice, and a supervisor from each 
ward to represent the ward on the county board. 

In addition to the above there are usually appointed by 
the common council a city marshal, a street commissioner, 
a city attorney, a city surveyor, and sometimes various 
other inferior officers. 

The Common Council. — The common council is 
the legislative body of the city, and is made up of the 
aldermen from each ward and the mayor as presiding 
officer. 

This body meets at stated times and enacts by-laws and 
regulations for the government of the city, not contrary to 
the laws of the state and within the powers granted them 
by the city charter. These city laws are usually called 
ordinances. The appointive officers are chosen and appoint- 
ments to till vacancies are usually made by this body. 

The common council usually is empowered to enact 



WISCONSIN" AND THE NATION. 81 

ordinances for the government and good order of the city, 
for the suppression of vice and immorality, for the pre- 
vention of crime and for the benefit of trade, commerce 
and. health. With these powers are the ones to lay out and 
improve the streets; to lay sidewalks; to grant street rail- 
way, waterworks, telephone and telegraph franchises to 
persons or companies to operate the same within the city; 
to construct sewers; to establish a fire department and 
equip the same; to license peddlers, circuses, shows, thea- 
ters; to construct public buildings; to care for the poor; to 
purchase tracts of land and improve the same for public 
parks; and numerous others of a kindred nature. 

The Mayor. — The mayor is the presiding officer of 
the common council and the chief executive of the city. 
It is his duty to see that the other officers perform their 
duties properly, and to enforce the ordinances of the city 
and the laws of the state. He is the head of the police 
and fire departments, and is supposed to superintend the 
city government in general. 

The City Clerk. — It is the duty of the city clerk to 
attend all meetings of the common council, to keep accu- 
rate minutes of its proceedings and to keep a record of 
various other official matters connected with the city gov- 
ernment. 

The City Attorney. — The city attorney conducts all 
the law business of the city and of the various departments 
thereof and gives legal advice to the various city officials, 
concerning official matters when requested to do so. 

The City Treasurer. — The city treasurer collects all 
city, county and state taxes within the city, keeps an accu- 
rate account of the financial matters of the city, receives 



82 WISCONSIN AND THE NATION. 

and has the custody of all money paid to or belonging to 
the city, and pays the same out upon orders issued by the 
common council. 

The Justices of the Peace and Police Justice, 

— The duties of the justice of the peace of a city are the 
same as those of a town. The police justice, when there 
is one, usually has exclusive jurisdiction of all offenses 
against the ordinances of the city and also the general 
jurisdiction of a justice of the peace throughout the county. 
In case there is no police justice a justice of the peace may 
have jurisdiction of oifenses against the city ordinances. 

In the larger cities of the state there is often established 
a municipal court presided over by a municipal judge, who 
may be given by the legislature jurisdiction equal to or 
less than that of the circuit court of the county. 

Other Officers. — The supervisor elected in each ward 
of the city represents his ward on the county board. 

The assessor assesses all taxable property within the 
city. 

The city marshal is the chief of the police next in 
authority to the mayor, and is occupied in preserving order 
and enforcing the laws. He may have one or more police- 
men, according to the size of the city, to assist him. 

It is the duty of the street commissioner to superintend 
the construction of sidewalks, and the laying out and 
paving of the streets and all matters connected therewith. 

The city surveyor makes all official surveys within the 
sity. 



WISCONSIN AND THE NATION. 83 



CHAPTER XL 

BILL OF RIGHTS. 

Our King, the People. — No thoughtful person can 
read our constitution or the bill of rights, which is apart 
of it, without being impressed with the idea that the pur- 
pose of our government and its sole purpose, is the wel- 
fare of the people. It will also be noticed that the people 
are their own rulers. We have no king, no monarch, no 
emperor who secures to us these liberties and rights 
which we enjoy. 

We, the people of Wisconsin and we, the people of 
this United States, are the rulers, the kings, the sovereigns 
of the country. However, it is not convenient for us all 
to take part directly in making the laws, in executing the 
laws, or in deciding exactly what the law in any given 
cases in dispute between man and man may be. There- 
fore we have delegated these powers to our legislators, to 
our executive officers and to our judges, all of whom by 
our votes we select, as competent and trustworthy men, to 
perform these duties, these services, for us. All public 
officials are therefore our servants. 

The legislators make laws for and by authority of 
the people. The executive officers enforce the laws for 
and by authority of the people. And the judiciary ad- 
judge and apply the laws in disputes between men, for and 
by authority of the people. 

The people are the ultimate source of all power in our 
government. 



84 WISCONSIN AND THE NATION. 

Freedom, — Freedom does not mean absolute liberty 
to do as one chooses. If but one individual inhabited 
this earth, he of a truth, would enjoy such liberty, but 
were a second person to appear, the absolute freedom pos- 
sessed by the first would be decreased, or he would en- 
croach upon the freedom of the second. Freedom is 
therefore a relative term. In an open field one is at liberty 
to swing his arms and fists about as he pleases, but in a 
crowded assembly he does so at his peril. Freedom, 
then, is merely the right to do what any other person may 
do who is situated in like circumstances. 

Equality of Men. — The constitution declares that all 
men are born equally free and independent. This does not 
mean that all men have the same abilities, or equal abilities, 
or that they are capable of an equally high degree of men- 
tal or physical culture. It simply means that it is the 
policy of our laws to make no discriminations among men 
or classes of men. All are to be equally free in the eyes of 
the law to accumulate property, or do any other act 
which any one may be permitted to do. 

Slavery. — Our constitution prohibits slavery. It 
will be remembered that it was one of the main features 
of the ordinance of 1 787 that slavery should never exist in 
the Northwest Territory. Criminals, duly convicted, how- 
ever, may be compelled to work in serving out a term of 
imprisonment, which is a sort of involuntary service, but 
not slavery. 

Freedom of Speech. — The constitution gives us 
the right to express our opinions either by speech or by 
means of the press without restriction, but at the same 
time holds us accountable for any abuse of this privilege. 
Freedom of speech does not mean that we can slander or 



WISCONSIN AND THE NATION. 85 

tell false and base things about another. While we have 
freedom of speech, we each, also, have a right to a reputa- 
tion uninjured by false statements, or even statements 
which are true, but made without a proper motive, to 
injure one's reputation. 

In European countries there are and have been in the 
past very stringent laws restricting the right of the people 
to express their sentiments upon certain subjects, especially 
upon persons of noble birth, or the rulers of the country. 
In England not many years ago, it was considered treason 
to speak ill of the king, and even to think of his death was 
treason. 

Assembly and Petition. — In a government, re- 
publican in form, one of the most effective and available 
means the people have of expressing their ideas and in- 
fluencing those delegated to enact laws for them is by 
public assemblies. These serve as a means of education to 
the people because of the discussion of questions therein 
considered, as well as a means of conveying to those in 
authority the desires of the people. 

Another more common means of drawing the attention 
of the legislators to the wishes of the people is by means 
of petitions which express the ideas of the people whose 
names are subscribed thereto. The right of these methods 
of expression of opinion can not be taken away from the 
people without their consent. 

Trial by Jury. — A jury consists of twelve men 
who listen to the evidence in a case and decide as to the 
facts; that is, they decide in a civil case for instance, 
whether the defendant owes the plaintiif anything or not, 
and if so, how much; in a criminal case whether the 
accused is guilty of the crime charged. To be tried by 



86 WISCONSIN AND THE NATION. 

one's peers (equals), a jury, is one of the great safeguards 
to human liberty. 

The right to trial by jury in all cases at law is a con- 
stitutional right which the constitution declares shall re- 
main inviolate. 

A jury may be waived by the party in all civil cases. 

The right to trial by jury remains as it was under the 
ordinance of 1787, or at common law. In equity cases, 
therefore, no jury is necessary, as none was allowed at com- 
mon law. 

Excessive Bail and Punishment. — That poor 
people and those of moderate means may not be cast into 
prison because unable to obtain sufficient bail, it is pro- 
vided that excessive bail shall not be required, and in 
estimating the amount of bail in a given case, the gravity 
of the case and the financial condition of the accused is 
considered. Bail is the security which one gives that he 
will appear in court at the time of trial. If he does not 
appear at trial the bail is forfeited, and the parties who 
signed his bail bond are compelled to pay the state the 
amount of the bail. After giving bail one is given his 
liberty, but if he does not appear at trial he may be retaken 
even after the bail is forfeited and paid. 

Nor can excessive fines be imposed such as would be a 
burden greatly out of proportion to the offense committed. 
The law usually prescribes the amount of a fine in any 
particular case liable to arise. Nor can cruel and unusual 
punishments be inflicted, such as whipping, burning, drag- 
ging to the gallows, quartering, etc., which were com- 
monly used two hundred years ago. 

The Rights of Accused Persons. — One accused 
of a crime is given all reasonable means of establish- 



WISCONSIN AND THE NATION. H7 

ing his innocence, the law even presuming hira innocent. 
He may appear in court and defend himself, or may have 
counsel, a lawyer, to defend him, and if he is unable to 
pay a lawyer the state bears the expense. He of right 
may know the exact crime of which he is accused that he 
may intelligently arrange his defense. 

He has a right to be in court during the trial and con- 
front the witnesses who testify against him, and hear their 
testimony. 

Witnesses in his favor are compelled to appear in 
court and testify as to their knowledge of the case. 

He must be tried by a jury which is impartial and 
selected from the district (county) wherein the crime was 
committed. 

He may demand a speedy trial that he may prove his 
innocence and release his bondsmen; or if he be in jail, 
that he may be given his liberty and not suffer protracted 
imprisonment awaiting trial. 

The Grand Jury. — A grand jury consists of from 
twelve to twenty-three men, who are called from the county 
by the court to secretly investigate charges against accused 
persons, and if twelve of them agree that there is sufficient 
evidence against one, they so inform the court, and the 
accused is said to be indicted. As the constitution origin- 
ally stood all criminals had to be indicted by a grand jury 
before they could be tried for the crime publicly, but as the 
grand jury system is slow and expensive, it has been 
changed by amendment, and now accused persons are tried 
either upon indictment by a grand jury or upon the in- 
formation furnished by the district attorney. The consti- 
tution now reads that no person shall be held to answer for 
a criminal offense without due process of law. Instead of 
being indicted by a grand jury, informations are now filed 



88 



WISCONSIN AND 111 1 : NATION. 



against accused persons b) the proseouting officer (district 
attorney) or l>\ private persons, who swear to the same. 

Twice In Jeopardy, No person can be twice put in 
jeopardy, /• <■. tried twice lor the same offense. 

This i s to prevent the persecutions that innocent per- 
sons otherwise might be compelled to suffer were the) to 
l>o Liable to b Beoond suit after onoe establishing their inno- 
cence in oourti 

Treason. Treason has always bron considered the 
gravest of crimes. In general terms treason is usually any 
aot against the sovereignty of a nation. As the emperors 
and kings of the Old World represent the sovereignty, it 
has been considered treason in man) cases to speak ill o\' 
the king or to den) hi* authority oxen in simple matters. 
l>ui with us our sovereignt) is not so easily injured. 
Treason against the state is declared to consist onh in 
Levying war against the siato or in adhering to its enemies 
by giving them aid and oorafort, 

That one nia\ not be co\\\ ioted o( treason On slight 

evidenoe, it is provided that there must be at least two 
witnesses to the same treasonable aot, or t ho accused must 

OOnfeSS treason in open eourt. 

Searches and Seizures. People's homes in the eye 
of the law and the constitution are deemed sacred. Ac- 
cording to the common law a man's house is his castle, not 
to be entered at pleasure by a stranger. Notwithstanding 
the above, however, offioers in England used to be permit- 
ted by means of search warrants <*{' a general nature to 
enter an) one's house the) might desire under pretense of 
searching tor stolen goods. With us an officer cannot 

search a house unless he has a seareh warrant issued b) 

some qualified official upon the oath of an individual stat- 



WISCONSIN AND THE NATION. 80 

ing good reasons for a belief that the specified goods are 
concealed in the designated house to be searched. Neither 
oan one's person be searched without a similar authority. 
This preserves the seclusion of the home and the pri- 
vacy of the person from lawless intrusion, and prevents 
one's property being taken from him without due process 

of law. 

Bill Of Attainder, Etc.— No bill Of attainder, ex- 
post facto law, nor any law impairing the obligation of 
contracts shall ever he passed, and no conviction slia.ll ever 
work corruption of Mood or forfeiture of estate. 

By the United States constitution the slates are espe- 
cially forbidden to pass these laws, and the State constitu- 
tion merely repeats the prohibition. (See these subjects 
in the United States constitution.) 



90 WISCONSIN AND THE NATION. 



CHAPTER XII. 

BILL OF RIGHTS. CONTINUED. 

Right of Eminent Domain. — Land owners usually 
consider that they absolutely own their land to the exclu- 
sion of every one else, but that is not the exact truth. All 
concede that the government may tax the property within 
its boundaries. The theory goes even further than the 
mere right to tax property. It goes so far as to place the 
ultimate title of all property in the state, and the taxes we 
pay may be considered as a sort of rent. 

However this may be, it is true that where land or 
other property is needed by the state for any public use, 
as for roads, wharves, railroads and other institutions of 
general public benefit, the state may take the land or prop- 
erty by rendering a compensation to the owner therefor. 
This taking of property for public use is the exercise of 
the right of eminent domain, but with us it can only be 
exercised by rendering a just value to the owner of the 
property. Eminent domain signifies the ultimate or higher 
title of the state in the property of its citizens or those 
subject to its jurisdiction. 

Land Tenures. — After the Normans conquered Eng- 
land, William the Conqueror introduced what is known as 
the feudal system of land tenure by dividing the land he 
had conquered among his generals or leading assistants in 
the conquest. These in turn pledged him loyalty and 
assistance in case of war, or paid him a certain amount as 



WISCONSIN AND THE NATION. 91 

rent for the land. These were the king's vassals. They, 
however, sublet the land again to others beneath them, who 
were their vassals, and who obliged themselves to furnish 
men in time of war and took the oath of allegiance and 
fidelity to their immediate lord. Thus, under this system, 
the king was the ultimate owner of all land, to whom all 
his vassals owed allegiance and service. These vassals 
were themselves lords to a second set of vassals, who owed 
allegiance and service or paid rent to them, and the system 
might be extended on in this manner indefinitely. Certain 
restrictions were placed upon the ownership of these vas- 
sals. They could only sell to others under certain restric- 
tions. The marriage of the vassal's children was in part 
controlled by the lord, and certain amounts were due the 
lord upon the death of a vassal and the inheriting of the 
property by his heir. 

These evils are all done away with by our constitution, 
and feudal tenure is declared to be abolished, but regard- 
less of all this, many of the features of the feudal sys- 
tem are still found in our system of land tenures. All 
lands in this state are allodial, that is, each man owns his 
land absolutely, subject only to the right of the state as to 
taxation and the right of eminent domain. 

Resident Aliens. — Persons who are not citizens of 
this state, but who reside here, are given equal rights and 
privileges with citizens, both as to the enjoyment of per- 
sonal and real property and its descent to heirs. 

Imprisonment for Debt No person can be im- 
prisoned for debt in this state. Persons may be impris- 
oned for frauds practiced in regard to a debt, or in certain 
civil actions of the nature of a debt, but only when they 
are guilty of some wrong or fraud, or may reasonably be 
suspected of an attempt to evade the law. 



92 WISCONSIN AND THE NATION. 

In practice, however, persons are seldom imprisoned 
in these cases from the fact that the law makes the person 
who secures their imprisonment liable for certain charges 
connected with the keeping of the person imprisoned. 

The above has no reference to criminals, who may be 
imprisoned subject to the right to bail. 

Exemption Laws — In general it may be said that 
one's property may be attached, or otherwise made subject 
to the payment of his just debts. The laws, by means of 
attachments, liens, judgments, etc., have provided more or 
less summary methods by which a creditor may take con- 
trol of his debtor's goods, and having them sold, apply 
the proceeds to the payment of the debt. 

In certain cases, however, the law recognizes that the 
necessities of a man's family have a better claim on his 
property than have even his creditors. 

It is, therefore, provided that certain possessions of a 
debtor cannot be seized by his creditor or otherwise made 
liable to sale for the payment of debts, without the con- 
sent of the debtor. Thus the homestead of forty acres, if 
not within a village or city, or a lot in a city or village, if 
not over one- fourth of an acre, together with a certain 
amount of farm machinery, stock, provisions, household 
furniture, clothing, the tools of a mechanic, the library of 
a professional man, the family bible, school books, family 
pictures and many other things are secure from the grasp 
of creditors. 

There are many reasons for making these exemptions. 
The necessities of one's family demand it. The family 
might become a public charge were these things taken 
from them by the creditor. Also, the laborer, mechanic 
or professional man is supposed to be able to earn, by 
means of his tools or library, sufficient to not only support 



WISCONSIN AND THE NATION. 93 

his family but soon to pay his debts as well. But if his 
tools or library be taken from him he is helpless, and he, 
as well as his family, must thereafter be supported by the 
public. 

Religious Freedom. — In few of the states of the 
Union, and probably in no foreign country, have the 
people as great religious freedom as have the people of 
Wisconsin. Every man may here worship Almighty God 
according to the dictates of his own conscience, without 
restriction or compulsion. This does not mean that one 
is licensed hereby to do whatever he may please under 
color of worship. 

A man may believe whatever he jneases, or teach what- 
ever he pleases. He may believe in Mormonism and teach 
it, but under the color of his belief he will not be permit- 
ted to have two or more wives. That is a practice con- 
trary to our laws, which no religion can shelter. Nor, in 
this state, can one be compelled to aid in the support of a 
church or religion, nor can public funds be used in support 
of any religion, nor can our laws give any preference to 
any religious organization or society. 

Religious Tests. — In many European nations there 
are established what are known as state churches, or state 
religions. These state religions are usually under the 
particular care and support of the state, and often the 
people of the nation are compelled not only to support 
such state religion, but also to belong to the church and 
conform to its teachings and practices. Moreover, the 
officials of the state are required to be members of this 
state church, this being one of the qualifications for office, 
known as the religious test. These state religions and the 
persecutions resulting therefrom drove many of the early 



94 WISCONSIN AND THE NATION. 

colonists to this country, and it is quite surprising, in view 
of this fact, that at times in a few of the colonies and 
even states, religious qualifications and tests have been 
required of state officers. In some cases, also, people not 
professing the faith of the state religion were disqualified 
to testify in judicial cases, being disqualified to take the 
required oath. These evils do not exist in Wisconsin, and 
are prohibited by the constitution. 

Military Subordination — The governor is at the 
head of both the civil and military power of the state. 
Being commander-in-chief of the military power of the 
state he has absolute control or command of that power. 
That this may not be used to the detriment of the state it 
is provided that the military power of the state is strictly 
subordinate to the civil power. Therefore, the governor 
or other members of the state militia, are subject to our 
civil laws. Should the governor abuse his military powers 
he could be impeached by the state legislature, as for any 
civil offense. 



WISCONSIN AND THE NATION. 95 



CHAPTER XIII. 

MISCELLANEOUS PROVISIONS OF THE CONSTITUTION. 

The Political Year. — The political year of this state 
begins on the first Monday in January of each year. This 
is the day upon which newly elected officers take their 
positions and old officers retire from office, unless some 
other provision is made by law. 

Duelling. — A duel is a combat between two persons, 
with weapons, upon a previous agreement. Duelling was 
very common two hundred years ago, but has now largely 
gone out of use. It was once considered the proper way of 
settling disputes between gentlemen. Our government has 
looked down upon the practice from the start, and any 
inhabitant of this state who engages in a duel, either 
directly or indirectly, either as principal or accessory, is 
forever disqualified as an elector and from holding any 
office under the constitution of this state. Duelling is 
also punishable by the criminal laws of the state. 

Disqualifications for Office. — 1. Persons holding 
any office of profit or trust (postmasters excepted) under 
the United States, including members of Congress, are 
ineligible to any state office. As the state and national 
governments are not identical in interest, it is considered 
that one person cannot be an officer of both governments 
and do his complete duty to both. Postmasters may hold 
state offices, except as to membership in the legislature, as 



96 WISCONSIN AND THE NATION. 

their duties as postmasters are in no sense antagonistic to 
the interests of the state. 

2. Any person holding any office under a foreign gov- 
ernment is ineligible to office in this state. The reason 
for this is patent to all. 

3. Any person convicted of an infamous crime in any 
court within the United States, and any person who is a 
defaulter to the United States, to the state, or any county 
or town therein, or to any state or territory of the United 
States, is ineligible to office in this state, because such 
a person is untrustworthy and not entitled to any govern- 
mental favors. A defaulter is one who has appropriated 
any public funds to his private use without permission or 
right. 

Electors on Indian Lands. — The lands reserved 
for the homes of the Indians of the state are not organized 
into towns, nor are there any elections held therein. It is 
especially provided, however, that any qualified elector 
residing on such lands may vote for state, county and 
United States officers at the nearest polls to his residence 
within the county. 

Division of Counties. — No county with an area of 
nine hundred square miles or less can be divided or have 
any part taken therefrom, unless a majority of all the voters 
of the county voting thereon shall be in favor of such 
division. Ail the people of a county are interested in the 
continuance of the present county government. A decrease 
in the size of a county necessitates heavier taxes to pay 
county officers and meet the ordinary expenses of the 
county. 

But if a county is over thirty miles square other con- 
ditions may argue in favor of division. It is not conven- 



WISCONSIN AND THE NATION. 97 

ient to have counties so large. They cannot be governed 
as efficiently as smaller ones. So it is provided that the 
legislature may divide counties of over nine hundred square 
miles extent, even against the will of the people of the 
county. 

Change of County Seats. — Before a county seat 
can be changed from one place in the county to another it 
is required that the point where it is to be located be fixed 
and a vote of the electors of the county be taken and be in 
favor of the change. 

Impeachment. — Impeachment is a mere accusation 
brought against some public officer. 

A person may be impeached but upon trial of the 
charges be adjudged innocent. 

It is probably true that all municipal corporations have 
the power of impeachment, and the trial of the impeach- 
ment charges whether the power is expressly granted to 
them or not. This power usually is given to the legisla- 
tive body; if of a city, to the common council; if of a 
state to the legislature, and if of the United States, to 
congress. 

In this state, as to the state officers, the assembly has 
the sole power of impeachment, i. e. , of making the 
charges against an officer. 

The officer so impeached is then tried by the senate 
sitting as judges or as a jury. A majority of all the mem- 
bers of the assembly must concur in favor of the impeach- 
ment. 

An impeachment trial is not a criminal trial but one of 
a political nature, and therefore its punishments are 
usually only political. In this state the punishment is 
removal from office, or removal from office and disqualifica- 



98 WISCONSIN AND THE NATION. 

tion to hold any office of honor or trust under the state. 
Two-thirds of the members of the senate must concur to 
convict an officer. 

Only the civil officers are liable to impeachment. 
Military officers are triable by court martial but are not 
subject to impeachment. It is also probably true that 
members of the legislature are not liable to impeachment. 
They may be expelled from either house for the same 
reasons for which other officers may be impeached and 
tried. 

Those convicted on an impeachment trial are also liable 
to be tried by a court for the same offense. 

The officers of a city may be removed on impeachment 
proceedings conducted by the common council. 



AV16CONSIN AND THE NATION. 99 



CHAPTER XIV 



SUFFRAGE AND ELECTIONS. 



Form of Government. — The constitution of the 
United States secures to each state a republican form of 
government. A democracy, it will be remembered, is a 
government wherein each person participates directly in 
all of the details of government. Each person takes part 
in making the laws, in executiDg the laws and in adjudg- 
ing between litigants in the courts. In other words, the 
laws are made directly by all the people, are executed 
directly by all the people, and all the people hold court. 
Such a government is practicable only in a very small nation, 
one whose territory is not extensive and whose population 
numbers but few. 

A government having an extensive territory and many 
thousand people cannot conveniently assemble all of its 
people together at any one place to make, execute or 
adjudge the laws. 

The form of government nearest to a pure democracy 
which a large nation may have is what is known as a 
representative democracy, or a republic. 

With us, then, it is impossible for all to take a direct 
part in all the details of government, and for this reason 
it becomes necessary to adopt some fair and expedient 
method of choosing our representatives whose duty it is to 
make our laws, to execute and administer them and to 
hold our courts for us. 



100 WISCONSIN AND THE NATION. 

Citizenship. — A citizen of a state or country may be 
said to be one who owes it allegiance and is entitled to its 
protection. 

All persons born or naturalized in the United States 
and subject to its jurisdiction are declared by the consti- 
tution to be citizens of the United States and of the state 
wherein they reside. 

It will therefore be seen that women and children, as 
well as men, are citizens. Citizens, however, are not 
necessarily voters, but voters are usually citizens. 

As the Indians who preserve their tribal relations are 
governed by their own laws and are not subject to the 
jurisdiction of either the state or nation, but stand more 
as an independent nation under the care of the federal 
government, they are not citizens. But Indians may, upon 
abandoning their tribe, become citizens as well as other 
people. You do not need to be told that negroes or people 
of any race may be citizens. 

The government of the United States and the govern- 
ment of the states are, in a sense, separate and distinct 
from each other. Each has citizens of its own who owe 
it allegiance and whom, within its jurisdiction, it must 
protect. The same person may have a sort of double cit- 
izenship, being a citizen of the state and at the same time 
a citizen of the United States. More properly, the citizen- 
ship of our people is divided between the national and state 
governments. A citizen of them both owes to the two all 
that a citizen owed to a state before the Union was formed 
and is entitled from the two the same protection that he 
was entitled to from a state before the formation of the 
Union. His allegiance and protection are in no sense in 
conflict as to the two governments, but are so divided that 
one exactly compliments the other. 



WISCONSIN AND THE NATION. 101 

United States Citizenship. — 1. All persons born 
in the United States and not subject to any foreign power, 
excluding Indians not taxed, are declared citizens of the 
United States. 

2. All children born out of the United States, whose 
fathers were at the time of the birth, citizens, are citizens 
of the United States. 

3. All women married to citizens of the United States 
and who might themselves be lawfully naturalized, are 
deemed citizens. 

Naturalization. — One of the principles of the com- 
mon law was that a natural born citizen was always a 
citizen and had not the right of expatriation. 

It was upon this principle that England claimed the 
right to impress American seamen who were of English 
birth, and which brought on the war of 1812. 

The right of expatriation, or the right to abjure one's 
country and acquire citizenship in another, is declared by 
an act of Congress to be a natural and inherent right of all 
people, indispensable to the enjoyment of life, liberty, 
and the pursuit of happiness. 

An alien may, therefore, be admitted to citizenship in 
the United States after a residence of five years. 

He must, at least two years before his final admission, 
go before some court of record and on oath declare his 
intention to become a citizen of the United States and to 
renounce forever all allegiance to any foreign government. 
Again, after a residence of five years he must go before a 
similar court and on oath declare that he will support the 
constitution of the United States, and that he abjures all 
allegiance to any foreign state or nation. 

It must appear that he has resided in the United States 
five years and within the state before whose court he is 



102 WISCONSIN AND THE NATION. 

naturalized, one year; and that he is a person of good 
moral character. If he has ever borne any hereditary title, 
or been of any order of nobility of the state from which 
he came, he must especially renounce such title or order of 
nobility. 

State Citizenship. — Citizenship within the state of 
Wisconsin is not well defined. Neither the state constitu- 
tion nor the statute law designates who are citizens of the 
state. 

Probably it will be sufficiently correct for our purpose 
to state that all citizens of the United States, residing 
within this state, are citizens thereof. 

In addition, foreigners who reside in this state and 
who have declared their intentions to become citizens of the 
United States are citizens of the state; their families, how- 
ever, are not citizens of the state until the husband and 
father becomes a United States citizen. Also a certain 
tribe of Indians, the Stockbridge, who were once citizens 
ot the United States by act of Congress but who returned 
to their tribal government and are therefore no longer citi- 
zens of the United States, are nevertheless citizens of the 
state. 

Qualifications of Voters. — An elector is one who is 
given the right to vote at the elections for state and national 
officers. A citizen is not necessarily a voter. Women 
and children are not voters (women may vote at school 
elections) but they are citizens. 

It is obvious to all that a mere child ought not to have 
the right to vote. Such a right in a child would be no 
advantage to the child whatever. His interests are better 
guarded by those of maturer years. Women are not 
given the right to vote in general, possibly, because they 



WISCONSIN AND THE NATION. 103 

never have enjoyed the right in England and other European 
countries from whence so many of our institutions have 
come, or there may exist other reasons which we will not 
here discuss. 

Suffice it to say that the elective franchise is not a right 
inherent in a citizen, for many citizens are not voters, nor 
in a taxpayer for all taxpayers do not and should not 
vote, nor in a mere resident, for many people residing in 
the state cannot vote here. 

The elective franchise is rather a privilege, a duty con- 
ferred upon certain of our citizens to be exercised for the 
benefit of all. 

That our representatives may be judiciously chosen 
the duty of voting has been conferred upon those who, it is 
thought, will exercise it the best for the general welfare. 

Accordingly, every male (or female at school elections) 
person, twenty-one years old or over, who has been a 
resident of the state for at least one year next preceding 
the election and for ten days a resident of the electoral dis- 
trict where he offers to vote, and who is either a citizen of 
the United States, or a foreigner who has declared his 
intentions to become a citizen of the United States, or a 
person of Indian blood who has once been declared a 
citizen, or a civilized person of Indian descent, not a mem- 
ber of any tribe, is a. qualified elector at such election. 

Disqualifications for Voting. — There is a list of 
persons who are deemed disqualified to vote because of 
mental incompetency or other disability prescribed by 
law. 

Among these are all persons under guardianship and all 
insane persons. These are disqualified because they lack 
the mental ability to vote with proper discretion. 

Traitors and felons are disqualified partly as a punish- 



104 WISCONSIN AND THE NATION. 

ment, and partly because the law deems such people unfit 
to take part in the affairs of government. They may, 
however, be pardoned and thus be restored to their former 
rights and privileges. 

Persons who have participated in a duel either as prin- 
cipal or accessory, are disqualified. Nor can a person 
vote who has been convicted of bribery, unless pardoned. 
Also persons who are interested in any bet on the result of 
an election are disqualified to vote at that election. 

Political Parties. — Political parties in this country 
have existed since the founding of the government. Each 
party is the champion of some theory of government which 
it promulgates as its party platform, and endeavors to secure 
the election of such persons as will put in practice the 
ideas of the party. 

The purposes of a party should be the advancement of 
the welfare of the people in general, but it sometimes 
seems as though parties only try to get control of the 
government that they may distribute the public funds and 
offices among their leaders. Such proceedings are dishon- 
orable and should be condemned. 

Although there are evils connected with our political 
party system, yet the parties are quite essential. Persons 
desiring to bring about any reformation in government 
must unite themselves in an organization that they may 
act in unison, otherwise their efforts would be of little 
avail. 

For instance, those who favor civil service reform can 
do little to help that reform unless they vote together for 
a president who is in favor of that measure. They must 
therefore organize themselves into a political party, hold a 
party convention and put in nomination some candidate 



WISCONSIN AND THE NATION. 105 

who favors their reform, and secure his election by a united 
effort of all the party. 

Caucuses. — The political parties, usually, sometime 
before an election, hold a party caucus or primary election 
at which they select some member of the party as a can- 
didate for the office to be filled at the election, or if the 
office is one for more than one electoral district, each 
electoral district holds a party caucus and elects delegates 
from their number to attend a general caucus or conven- 
tion of the several districts, which convention selects a 
candidate for the office. Thus, town and ward caucuses 
are held by a political party to nominate candidates from 
that party for town or ward offices and also to elect dele- 
gates to a county caucus or convention. The county con- 
vention, made up of the delegates from the towns and 
wards nominate members of the party for the county 
offices and also select delegates to attend the state con- 
vention of the party, which convention nominates the 
party's candidates for the various state offices. These 
caucuses, or primaries, are very important, and every 
good citizen should attend the primary of his party, for 
if bad men are nominated for the town offices by the 
party, they are usually elected, and if bad men are sent 
as delegates to the county convention, the same kind of 
men will be named for the county offices, and also bad 
men will be sent to the state convention which in turn 
will place disreputable men on the party's ticket for the 
state offices. 

The best way, and the only way, to get good men to 
fill our public offices is to have every good man who is a 
member of the party, attend the caucuses. 

Men who do not attend the caucuses held by their party 
have no right to complain of bad men in office. 



106 WISCONSIN AND THE NATION. 

Registration. — There are many frauds practiced at 
our elections. One of the most common in the larger 
cities is the fraudulent voting of men who are not quali- 
fied. To prevent this evil there is provided a system of 
registration of the electors in the larger cities and vil- 
lages and the towns in which these cities are located. 

On the Tuesday four weeks previous to any general 
election, in all cities or incorporated villages of a popula- 
tion of three thousand or over, and in every town in which 
any such village is located, the board of registration 
meets and registers the names of all who may present 
themselves as electors in the election district. 

This list of electors is then posted and a week before 
the day of the election it is revised, and the names of 
those who have been registered and are not entitled to 
vote, are stricken from the list. All electors whose names 
are not registered are. not entitled to vote at the election 
unless they, under oath, make it appear to the election 
inspectors that they are qualified electors. 

Official Ballots. — Another great evil common to 
our elections has been the buying of votes and the undue 
influence brought to bear upon voters. 

To prevent this, we have adopted the secret ballot 
system of voting similar to the "Australian System." 

The names of all the candidates are printed upon the 
one ballot, arranged in columns according to the political 
party whose candidate they are, which ballots are furnish- 
ed at public expense. 

The voter is given one of these ballots, and goes alone 
into a secret apartment where he marks a cross after such 
of the names on the ballot as he wishes to vote for, and 
then places his vote in the ballot box. 

No one knows how he votes. People are less apt to 







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WISCONSIN AND THE NATION. 107 

buy a vote when they are not certain that it is cast as they 
desire; nor are the influencing and intimidation of voters 
of much use when they vote secretly. 

Elections, when held. — The general elections for 
United States officials are held on the Tuesday next after 
the first Monday of November of even numbered years. 

These officials enter upon the duties of their offices on 
the fourth day of March next succeeding their election. 

The general election for state officers m held at the 
same time as is the United States general election, on the 
Tuesday after the first Monday in November of even 
numbered years, and these officers enter upon the duties 
of their offices as follows: The state officers on the first 
Monday in January next after their election, and the state 
senators and assemblymen, at 12 o'clock m. on the second 
Wednesday in January, next after their election. 

County officers are elected at the same time as are the 
state officers and take their offices on the first Monday in 
January thereafter. 

Judicial elections for the selection of justices of the 
supreme court, circuit judges and county judges are held 
on the first Tuesday in April, and they enter upon the 
duties of their offices on the first Monday in January next 
after their election. 



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WIoCO-N SLN AND THE NATION. 109 



CHAPTER XV. 

TAXATION AND FINANCE. 

Taxation. — Taxes are the contributions which per- 
sons are obliged to make to the government, to be used in 
its support. 

The right of taxation exists necessarily in all govern- 
ments. It is not a mere payment which the taxpayer 
makes in return for the benefits which he derives from the 
government, for taxes are not apportioned among the peo- 
ple upon any such basis. The government collects taxes 
without regard to any benefit which the subject derives in 
return. 

People, however, are willing to pay taxes when re- 
quired to do so by law, because they receive, usually, far 
more benefits from the government than the amount of 
their taxes. 

Kinds of Taxes. — Taxes may be considered as direct 
and indirect. 

A tax of a certain amount upon each individual, or a 
tax assessed against specific articles of property, is a direct 
tax. A tax upon goods imported or exported, sold, manu- 
factured or used, is an indirect tax. 

These indirect taxes are not, properly speaking, taxes 
upon the goods as such, but are taxes upon the right of 
importation, exportation, sale, manufacture and use, and 
only indirectly are they a tax upon the goods themselves; 
hence they are called indirect taxes. 



110 WISCONSIN AND THE NATION. 

To arouse thought upon this subject we might mention 
that there are known to the world personal or capitation 
taxes, property taxes, land taxes, personal property taxes, 
taxes on houses, income taxes, taxes on the wages of labor, 
taxes on servants, horses, dogs, carriages, taxes on interest 
of money, taxes on legacies and inheritances, taxes on 
newspapers, legal documents and amusements, taxes on the 
sale of liquors, cigars, tobacco, tea, coffee and matches, 
and hosts of others which need not be mentioned. 

Methods of Taxation. — Both direct and indirect 
taxation is practiced in this state. Our taxes are levied 
when direct, against all kinds of property, with few excep- 
tions, both real and personal, at its full market value, or 
against the person as a capitation tax, known as the poll 
tax, which is the only personal tax which we have at 
present. 

Ultimately the power to assess taxes rests in the state, 
and naturally in that department of the state which makes 
the law, the legislature. For convenience, however, the 
legislature has delegated a part of this power, with certain 
limitations, to the county, the town and the municipal cor- 
porations, or incorporated cities and villages, and to school 
districts, so that we have state taxes, county taxes, town 
taxes, municipal taxes and school taxes. 

These are all paid at one time, however, and the tax- 
payer seldom knows the exact amounts which he pays for 
the various divisions of government. 

A state board of equalization meets at Madison and 
estimates the amount of money necessary to defray the 
expenses of the state government for one year according 
to the appropriations authorized and made by the legisla- 
ture, which amount is the state tax for that year. The 
board also, from all sources available, ascertains the valu- 



WISCONSIN" AND THE NATION. Ill 

ation of the taxable property of the whole state, and also 
of each county separately, and apportions the amount of 
the state tax among the various counties according to the 
wealth of each county. The county clerk of each county 
is notified of the amount of the state tax due from his 
county. 

The county board, which is the board of equalization 
for the county, estimates the amount of money necessary 
to pay the expenses of the county government for the next 
year, which becomes the amount of the county tax. The 
county board also estimates the total val ue of all the prop- 
erty within the county, and of the property within each 
town or assessment district of the county, and apportions 
the amount of the state and county tax due from each such 
town or district. To this amount is added the amount 
necessary to pay the town and school expenses. Within 
each town or assessment district the assessor, a town, 
Adllage or city officer, canvasses his district and lists all the 
property subject to taxation found within it. The town, 
village or city clerk then estimates the amount of tax due 
from each person owning property within the town, village 
or city. It then becomes the duty of the town treasurer 
to collect the amounts due from each person holding tax- 
able property. After he has collected the taxes he pays 
the amount of the county and state tax to the county treas- 
urer and retains the amount of the town, city or village 
tax. The county treasurer retains the county tax money, 
and pays over to the state treasurer the amount of the 
state tax. 

The poll tax, which is a capitation tax of one dollar 
and fifty cents assessed against men between. the ages of 
twenty-one and fifty years, is collected by the treasurer at 
the same time that the other taxes are collected. 



1 I 2 WISCONSIN AND THE NATION. 

The license required of druggists and saloon-keepers 
for the privilege of selling liquors, and the license required 
of j>eddlers, hawkers and shows are of the nature of an 
indirect tax. 

Uniform Taxation. — It is one of the fundamental 
principles of our government, as declared in the constitu- 
tion, that all taxation should be uniform. 

That taxation is never exactly uniform is a well under- 
stood truth, the above rule merely demanding that the uni- 
formity should be as perfect as the circumstances will 
permit. 

It is necessary, in conformity with the above, that all 
property should be valued alike, or assessed at the same 
per cent, of its market valuation. Our property is all 
assessed at its full market value as near as practicable. 

It is also essential that the rate of taxation should be 
the same throughout the whole taxing district. With us 
the state charges a certain rate, uniform throughout the 
state, upon the real value of the taxable property, as a 
state tax. The county charges a certain rate, uniform 
throughout the county, as the county tax. The same is 
true of the school districts, and of the towns, villages and 
cities. 

Certain property within the state is exempt from taxa- 
tion, as is the case with church property, property belong- 
ing to and used by charitable institutions, a limited amount 
of household furniture and clothing; and property belong- 
ing to the public, either the nation, state, county, town, 
school district or municipality. 

It is essential to uniformity that the same kinds of 
property be taxed and the same kinds of property be ex- 
empt throughout the state. All property, both personal 
and real, is taxed in this state, unless especially exempt. 



AVISCONSIN AM) THE NATI0X. 113 

Finance. — Our constitution has several wise provi- 
sions which control to a certain extent the financial affairs 
of the state, and which have kept the state remarkably free 
from debt and extravagant expenditures. 

A state may well afford to be liberal in its support of 
educational and charitable institutions when its treasury 
is not emptied by corrupt political expenditures. 

Appropriations. — Subject to the constitutional re- 
strictions the state legislature has complete control of the 
finance of the state. 

No money can be paid out of the treasury except as the 
legislature has authorized by appropriations. 

Claims Against the State.— It is a rule of law in 
private affairs that where a party has a claim against an- 
other he cannot remain quiet and not enforce his claim, 
beyond a certain length of time without losing his right 
to enforce the claim. This is known as the statute of 
limitations. 

This rule is considered wise, as the circumstances sur- 
rounding the debt or claim become incapable of clear 
proof after the lapse of several years; some defense which 
the debtor originally had to the claim of his creditor he 
may not be able to prove after so long a time. 

The state legislature is therefore prohibited from ap- 
propriating money in payment of a claim against the state 
unless such claim is presented within six years after the 
claim was due. 

This does not apply to United States claims or any 
judgments against the state. 

This six years limit prevents the legislature from 
favoring some party leader upon his fabricating some un- 
just, fradulent and illegal claim of so long standing that 
proofs for and against the same are lost entirely. 



114 WISCONSIN AND THE NATION. 

The Loan of State Credit. — The state is pro- 
hibited from loaning its credit in aid of any individual, 
association, or corporation. 

States have often been compelled to pay the debts of 
railroad and other corporations which they have aided by 
backing or guaranteeing the payment of their bonds, or 
otherwise securing their debts. 

Annual Tax. — That the ordinary expenses of the 
state may not be met by borrowing money and thus 
burdening the state with an unnecessary debt, it is pro- 
vided that the ordinary expenses of the state shall be met 
each year by a tax levied for that year, of a sufficient 
amount to meet all ordinary expenses. 

If in any year the amount of tax levied is insufficient, 
the deficiency is added to the amount of next year's tax, 
and thus no debt can be created to run for any length of 
time in defraying the ordinary running expenses of the 
government. 

State Debts. — Evidently the framers of our state con- 
stitution were financiers of no mean standing, as our con- 
stitution well shows. Although the yearly running ex- 
penses of the government are not allowed to create a state 
debt, yet there are apt to be times of unusual need on the 
part of the state, when extraordinary expenses are in- 
curred, and to meet these extraordinary expenses the 
legislature is authorized to create a state debt. But such 
debt must not exceed in the aggregate one hundred 
thousand dollars. 

Upon the creation of such a debt the purposes, the 
extraordinary expenses, for which it is created must be 
specified; the legislature must vote by yeas and nays; 
three-fifths of each house is necessary to constitute a 



WISCONSIN AND THE NATION. 115 

quorum for such vote; a majority of all of the members of 
each house must vote in favor of the loan which creates 
the state debt; the law creating the debt must also pro- 
vide for its payment by taxation, principal and interest, 
within five years of the date of the loan, and especially 
appropriate the proceeds of such tax to the payment of the 
loan; and such appropriation or such tax cannot be re- 
pealed until the principal and interest of such debt be 
wholly paid. 

It has not been made certain by judicial decision what 
expenses would come within the term extraordinary ex- 
penses. It might include the cost of rebuilding the state 
capitol or other state buildings destroyed by lire or other- 
wise; or unusual expenses in preserving the public health, 
but any expense of annual occurrence would not be 
included. 

War Debts. — Although the state is prohibited from 
declaring or waging any war wherein the state is the 
aggressor, it has the right to put down internal rebellion 
of any kind against its authority or to repel and to defend 
itself against an invasion from without the state. 

For defraying the expenses of such a war the state is 
authorized to contract a loan and create a state debt, and it 
is commonly believed that such a state debt would not be 
subject to the one hundred thousand dollar limit, but 
might be for any amount necessary to conduct the war. 

Funds secured by means of a loan authorized under the 
war debt clause of our constitution must be used ex- 
clusively in defraying the expenses of such war or in the 
payment of the debt. 

Thus there are only two cases wherein this state may 
create a state debt, and these as given above are in case of 
extraordinary expenses and in case of war. 



116 WISCONSIN AND THE NATION. 

The state may not even issue any scrip, certificate or 
other evidence of state debt except as is allowed in the 
above two cases specified. 

Internal Improvements Although the improve- 
ment of roads and rivers and the conducting of other 
works of a public nature for purposes of internal improve- 
ment might be advantageous to the state; yet as such im- 
provements are often occasions for most extravagant 
expenditures and corrupt political practices, the constitu- 
tion wisely prevents the state from undertaking such 
enterprises and from creating any debts for such purposes. 
But in case any grant of land or other property is made to 
the state, for the special purpose of defraying the expense 
of such improvements the state is authorized to carry on 
such work to the extent of such grant. 

Vote on Fiscal Bills. — The financial legislation of 
this state is required to be conducted with much care and 
is subjected to many restrictions, as we have already seen. 

In addition to the restrictions on financial legislation of 
which we have already spoken, it is provided that all 
measures of a financial nature, concerning state funds, 
debts or revenues, must be voted upon by yeas and nays, 
which vote must be entered upon the journal of the house 
so voting, and three-fifths of all the members elected to the 
house must be present to constitute a quorum. 

Application of these Financial Requirements. 

— In general it may be said that the above financial re- 
strictions apply only to the state and the state legislature. 
Counties, towns, villages and cities may be and are 
authorized by the legislature to incur debts and to conduct 
internal improvements, and the bills before the legislature 
granting such powers to the political subdivisions of the 



WISCONSIN AND THE NATION. 117 

state are not financial measures subject to the above re- 
strictions. 

Neither are the' debts of cities, villages, towns and 
counties any part of the state debt as contemplated in the 
constitutional limitation on the maximum amount of the 
state debt which cannot exceed, at any time, one hundred 
thousand dollars. 



118 WISCONSIN AND THE NATION. 



CHAPTER XVI. 

EMINENT DOMAIN. 

Explanation. — Eminent domain is that power vested 
in the state, by which it may, for any public purpose, take 
possession of the property of any individual. 

This right is usually exercised in regard to lands. 

The United States has the right of eminent domain 
sufficient to carry into effect all of its powers. 

The principle of eminent domain rests upon the idea 
that the state is the primary and ultimate owner of the 
property within its boundaries and our constitution declares 
expressly that the people of the state, in their right of 
sovereignty, possess the ultimate property in all lands 
within the jurisdiction of the state. 

Under this right of eminent domain private property 
is taken for the benefit of the public, as the taking of 
one's land for a street or for a railroad or for other uses 
equally public. 

This right, however, can not be exercised in this state 
without compensating the individual for the property 
taken. The right is often conferred upon counties, towns, 
villages and cities, with the requirement that the owner 
receive a just compensation for his property. In case the 
right is to be exercised by a city, however, against the 
owner's consent, a jury must first decide that there is a 
necessity for the exercise of the right. 

Territorial Extent of Power. — The rivers and 
lakes which form common boundaries between Wisconsin 



WISCONSIN AND THE NATION. 119 

and the other states adjoining her territory are subject to 
the concurrent jurisdiction of the two states so bounded. 
Thus the courts of Wisconsin and the courts of Minnesota 
have jurisdiction of any cause of action, either civil or 
criminal, arising on the Mississippi River, anywhere 
between these two states, i. e., such a case could be prop- 
erly tried in either state and it would make no difference 
if the cause of action arose very near one bank and far 
from the other. 

The constitution further provides that the Mississippi 
River and the navigable waters leading into the Missis- 
sippi and the St. Lawrence, and the carrying places 
between the same shall be common highways and forever 
free to the inhabitants of the state and of the United 
States. 

Escheat. — Escheat is the reversion of property to the 
state in consequence of a want of any individual to inherit 
it from the recent owner. If a person owning lands dies 
and leaves no relatives (heirs) to inherit his property, it 
will go to the state. 

The idea of eminent domain that the state is the ulti- 
mate owner of all property within its jurisdiction, is the 
foundation of the right by which the state takes possession 
of the property where there is a failure of heirs to inherit. 



120 WISCONSIN AN] ..!!•: NATION. 



CHAPTER XVII. 

CORPORATIONS. 

Definition. — A corporation is an artificial person, 
created by law, composed of individuals united under a 
common name (the members of which arc succeeded by 
others, so that the body continues always the same, not- 
withstanding the change of the individuals who compose 
it), and which, for certain purposes, is considered a natural 
person. 

Corporations are first divided into public and private. 
A public corporation is one having for its purpose the ad- 
ministration of a portion of the powers of government, as 
is the case with counties, towns, school districts, and 
municipalities. All other corporations are private. 

All religious, charitable and commercial corporations 
are private. Even an educational corporation having for 
its purpose the organization and maintaining of schools 
separate from the schools supported by the government, is 
a private corporation. 

Problems. — Business corporations are comparatively 
of recent date. One hundred years ago, probably there 
were not over a score of them in this country, and few in 
Europe. 

By means of corporations men combine their capital 
and establish commercial and manufacturing institutions 
upon a large scale, and thus by the many advantages 
secured lessen the cost of production, and also decrease 
competition by running out smaller c itablisbmi 



WISCONSIN AND THE NATION. J21 

One of the principal advantages of corporations over 
individuals and partnerships in business affairs is that the 
amount of money one puts into the corporation is the 
whole extent of his risk, unless especially provided 
otherwise by statute, while the whole of the individual's 
or partner's property is liable for the debts contracted in 
the business conducted in an individual capacity or as a 
partner. 

In other words, a person may invest a part of his 
money in a corporate enterprise without charging the re- 
mainder of his property with the liabilities of the cor- 
poration. 

Because of these advantages, we find that nearly all of 
the larger business enterprises of the country are now 
carried on by corporations. 

The larger corporations engaged in one line-of business 
sometimes combine to control prices or to control the 
supply of goods and to compel smaller establishments to 
go out of the business that they may enjoy absolute con- 
trol of both prices and production. These combinations 
are most unjust and illegal and the principal source of the 
evils of our corporate enterprises. 

Creation of Corporations — In this country, the 
legislature is authorized to create corporations, that is, the 
legislature may grant a corporate body a charter, which 
charier specifies the powers, rights and privileges of the 
corporation. 

In this state, however, the state reserves the right to 
alter, amend or annul the charter at any time. 

Charters are of the nature of contracts between the 
state and the corporation and its members, ami could not 
be changed by the legislature without the consent of the 
corporation, but for the reservation of this power, as no 



122 WISCONSIN AND THE NATION. 

law can be passed which impairs the obligation of any 
legal contract. 

General laws have been passed which provide for the 
organization of both public and private corporations, the 
charters being issued in accordance therewith by the 
secretary of state. The constitution especially provides 
that no corporation can be created by a special law, if 
general laws will accomplish the purpose. 

Indebtedness of Public Corporations. — It is quite 
essential that public corporations should have the power to 
contract debts to enable them to construct suitable build- 
ings, bridges, streets, water-works and undertake other 
similar enterprises. 

On the other hand the privilege is apt to be abused and 
extravagant enterprises undertaken by the public corpora- 
tions, with funds raised by the creation of public debts. 

This evil is obviated in this state by the requirement 
that no town, county, village, city or school district can 
borrow money, so as to create an aggregate debt for any 
purpose to exceed five per cent, of the valuation of the 
taxable property therein. And in case of the creation of 
any debt, there must, at the same time or before, be pro- 
vided the collection of a direct annual tax sufficient to pay 
the interest and principal of such debt within twenty 
years from the date thereof. 

Banks. — As we have elsewhere observed, the consti- 
tion has carefully guarded the financial affairs and institu- 
tions of and within the state. 

No banking law can be passed creating, authorizing or 
giving any powers to any banking corporation, unless the 
same be submitted to a vote of the people. This require- 
ment reserves to the people all legislative power upon the 
subject of banks and banking. 



WISCONSIN AND THE NATION. 123 



CHAPTER XVIII. 

AMENDMENTS. 

Purpose of. — Governmental conditions are constantly 
changing which necessitate changes in the governmental 
organism, the constitution, to meet these new conditions. 

Advancement in other fields necessitates and occasions 
advancement in government. 

Moreover, experience points us to the defects which 
exist in our governmental institutions. No system is 
absolutely perfect. And if it were perfect at the time of 
its origin, the changes of time due to social and industrial 
advancement would soon make imperfect a constitution 
which under original conditions was without a fault. 

Therefore, that original faults may be eradicated and 
that new needs may be supplied, it is wisely provided that 
our constitution may be changed by amendments thereto. 

How Amended. — Constitutional amendments should 
not be easily effected. 

Governmental institutions and constitutional laws 
should be stable, not subject to oscillations backward and 
forward with every fluctuation of the public mind. 

For this reason the process by which our state consti- 
tution may be changed or amended is a slow one which 
the excitement of a day cannot accomplish. 

Amendments to the constitution may be proposed by 
either house of the legislature. 

If a proposed amendment is agreed to, or passes both 



124 WISCONSIN AND THE NATION. 

houses by a majority of the members elected to each house 
it then awaits the action of the next regular session of the 
legislature, to which it is referred, but it must be pub- 
lished three months previous to the time of holding the 
election for the members of this next session. And if in 
the legislature so next chosen the proposed amendment 
is again agreed to by a majority of the members elected 
to each house, it must be submitted to the people to be 
voted upon at such time and manner as the legislature may 
provide, and if a majority of the people voting thereon 
approve of the amendment it thereupon becomes a part of 
the constitution. 

The proposed amendment is published just previous to 
the election of the second legislature which is to act upon it, 
so that it may be made an issue in the political campaign, 
and that the people may elect such legislators as will do 
the will of the people in regard thereto. 

Every proposed amendment must, before it becomes a 
part of the constitution, be approved by the legislature, 
be published three months before the election of the next 
legislature, be approved by the second legislature, and 
then submitted to the people and approved by them. 

Constitutional Convention. — The time may come 
when many features of the constitution will need to be 
changed. 

It would be a tedious and complicated method to make 
so many changes in the manner prescribed for amending 
the constitution. 

Therefore the constitution provides for the calling of 
a constitutional convention to revise the constitution or 
draft a new one. 

This is clone as follows: The legislature must pass a 
measure by a majority vote of each house recommending 



WISCONSIN AND THE NATION. 125 

the calling of a constitutional convention. The people at 
the next general election thereafter, must, by vote, ap- 
prove of calling such a convention, and upon such approval 
the legislature at its next session must provide for the 
calling of the convention. 

The delegates sent to the convention are elected by the 
people. This is the only way of selecting delegates prac- 
ticed in this country. 

Such convention has power to draft a constitution ac- 
cording to their own ideas, but it must be submitted to 
the approval of the people before it goes into effect, 
although Mr. A. O. Wright insists that a constitution 
drafted by such a convention becomes the constitution of 
the state without approval. (Wright's Constitution of 
Wis., p. 151). 

The authorities, however, hold that the constitutional 
convention must submit its work to the approval of the 
people before it becomes the law of the state and such is 
the practice of such conventions. See Coolers Constitu- 
tional Limitations, p. 32; Jameson's Constitutional Con- 
ventions, sees. 415-418; and the Am. and JEng. Enc. of 
Law, vol. 3, p. 672. 

No such convention has ever been called in this state. 



126 WISCONSIN AND THE NATION. 



CHAPTER XIX. 

EDUCATION. 

The Common Schools. — Although our state has its 
university, its normal schools and other public and private 
educational institutions, of which we are all justly proud, 
and which are of no slight importance in the intellectual 
and civil welfare of our people, yet, notwithstanding all 
these higher institutions, the most important factor in our 
educational system is our common schools. A large major- 
ity of our people find in them their only school train- 
ing. To these same people is intrusted largely the control 
of our public affairs, not only at the polls but in all the 
civil machinery of this vast state. 

Out of these too often poorly supported institutions of 
learning have gone the men and women who have given 
character and stability to American society. None can 
say they have not performed their part well. The welfare 
of our people and of their civil and private institutions 
depend not so much upon our university and colleges, 
therefore, as upon the little country school. May it ever 
receive our most thoughtful attention, that it may increase 
its usefulness. 

The School District. — Each town is divided by the 
town board into school districts, with not more than six 
square miles of contiguous territory in each district. 
Each of these school districts has charge of its own school 
affairs, independent of the other districts of the town, but 



WISCONSIN AND THE NATION. 127 

subject to the laws of the state. A district is a body cor- 
porate, with powers to sue and be sued, contract and buy 
and sell, as its needs may require and the laws may 
permit. 

The School Board, — The officers of each school 
district are a director, treasurer and clerk, who hold their 
offices for three years, one only being elected each year at 
the annual town meeting. These three officers make up 
the school board and have the general control of the 
schools of the district. 

Annual School Meeting. — The electors of the dis- 
trict (women are electors in school meetings) meet at least 
once each year, on the first Monday in July, at V o'clock 
in the evening, unless otherwise provided Special meet- 
ings may be called if necessary. At this meeting there is 
a temporary chairman elected, who presides over the meet- 
ing, and the district clerk acts as clerk of the meeting. 

The annual school meeting is authorized to elect a 
director, treasurer or clerk, as the case may be, to take the 
place of such officer of the school board whose term then 
expires, and also to fill any vacancy which may have hap- 
pened in the school board during the previous year. The 
meeting also acts as a sort of legislative body on the 
school matters concerning the district, and selects school 
house sites; votes a tax sufficient to defray the school 
exj^enses for the year; authorizes the sale of school prop- 
erty not needed; fixes the salary of teachers; authorizes 
the purchase of maps, charts and other apparatus for the 
schools of the district; votes taxes to pay any debt; author- 
izes the borrowing of money, and gives the school board 
such additional directions concerning school matters as 
may be deemed proper and legal. 



128 - WISCONSIN AND THE NATION. 

Duties of District Board. — The director, treasurer 
and clerk constitute the district board. The director is 
the presiding officer at their meetings, the treasurer has 
charge of all moneys belonging to the district, and the 
clerk acts as secretary of the board and 'also of district 
meetings, and keeps correct minutes thereof. 

The three officers have an equal voice m board meet- 
ings. It is the duty of the board to carry out the special 
instructions given them at the annual district meeting, to 
provide suitable buildings and school apparatus, to hire 
teachers, to prescribe rules for the proper regulation of the 
schools and for the expulsion and admission of pupils, to 
visit the schools and exercise a general supervision over 
them. It is the special duty of the director to counter- 
sign all orders legally drawn by the clerk on the treasurer, 
and to prosecute or defend all suits in which the district 
is interested. 

Studies Taught. — In every district school there must 
be taught orthography, orthoepy, reading, writing, gram- 
mar, geography, arithmetic, the constitution of the United 
States and the constitution of the state, and physiology 
and hygiene with special reference to the effects of stimu- 
lants and narcotics on the human system, and such other 
branches as the district board may prescribe. 

Teachers. — Every teacher must be licensed to teach, 
either by the county superintendent or the state superin- 
tendent. The teacher has authority to preserve order in 
the school and is responsible for its discipline and progress. 
He stands in a position toward the pupils similar to that 
of the parents, and must maintain order and require faith- 
ful performance of the duties assigned to each pupil. He 
has authority to enforce prompt obedience to his lawful 



WISCONSIN' AND THE NATION. 129 

and reasonable requirements, and may inflict corporal pun- 
ishment or suspend a pupil from school in a proper case. 

County Superintendents. — The county superinten- 
dent has supervision of all the schools of his district. He 
examines and licenses teachers to teach in the same, visits 
each school at least once a year, and gives advice and aid 
to both teacher and school board; with the concurrence of 
the town chairman condemns school property as unfit for 
use, and conducts institutes. 

School Library. — The laws of 1895 provide that 
the treasurer of each town shall withhold ten cents annu- 
ally from tho school fund collected in his town for every 
person of school age residing therein, which amount is to 
be expended by the town clerk, with the aid of the county 
superintendent, in the purchase of books, selected from a 
list prepared by the state superintendent, for a library for 
the use of the schools of the town, which books are to be 
distributed by the town clerk among the school districts 
in proportion to the amount of money withheld from each 
district. 

The clerk of each district acts as librarian of the dis- 
trict, unless one is elected at the annual school meeting. 
These books are to be loaned by the librarian to the teach- 
ers, pupils and other persons of the district, according to 
rules prepared by the state superintendent regulating the 
management of these libraries. While school is in session 
the library is to be kept in the school under the care of 
the teacher. 

Compulsory Education. — We have a compulsory 
education law in this state, but it is not well enforced. 

The law makes it the duty of every parent or other 
person having under his control a child between the ages 

9 



130 WISCONSIN AND THE NATION. 

of seven and fourteen to send such child to public or pri- 
vate day school for a period not less than twelve weeks in 
each year, which period of time is to be fixed by the school 
board prior to the first day of September of the year, and 
cannot exceed twenty-four weeks. A parent or person 
failing to comply with this law is liable to a forfeiture of 
from three to twenty dollars to the public school of the 
district. Each week or part of week which one so fails 
constitutes a distinct offense. This law is enforcible by 
the school board only, and, to their discredit, it is seldom 
if ever enforced. Teachers should influence school offi- 
cers to perform their duty in this regard and thus benefit 
those children who do not attend school because of the 
indifference of their parents, or who are unnecessarily kept 
out of school by parents. 

Truants may be committed to the state public school at 
Sparta for a term not to exceed two years. 

Free High Schools Free high schools are schools 

organized in pursuance of a law which prescribes the course 
of study for the schools, places additional requirements as 
to qualifications of the teachers therein, and provides for 
a close supervision of the schools by the state superintend- 
ent and the state inspector of free high schools. These 
schools receive additional aid from the state over what the 
other public schools receive. 

Appeals to State Superintendent. — Any person 
considering himself aggrieved by the decision of a school 
officer or any school meeting, may appeal to the state su- 
perintendent who, upon a proper investigation of the case, 
renders a final decision therein. The decision of the state 
superintendent must be obeyed by school officers and all 
concerned. 



WISCONSIN AND THE NATION. 131 

Free Text Books. — Text books may be supplied by 
the district to the pupils free of charge. The law provides 
that the free text book system may be adopted by a vote 
of the people at any annual school meeting, and the ques- 
tion must be submitted at each annual meeting and a vote 
thereon taken. 

City Schools.— Most of the incorporated villages and 
cities have separate school governments provided for in 
their charters, and in these cases the school system differs 
slightly from the district system. But in case the city or 
village 'has not a special provision in the charter which out- 
lines their school system, each city or village, unless other- 
wise provided, constitutes one school district, and is or- 
ganized in every way similar to the district school system. 

The Township System. — Several years ago a law 
was passed, which has been modified slightly from time to 
time, providing for a system of government for our schools 
known as the township system. This system may be 
adopted by a vote of the people at any town meeting, and 
although the system has many advantages, it has been 
adopted by very few towns. 

Under the township system each town constitutes a 
school district, and what are now school districts, under 
the old system, are sub-districts of the township system. 
Each sub-district holds an annual school meeting and elects 
a clerk for the sub-district, and does little else, but may 
advise and recommend certain measures for the benefit of 
the district. 

These sub-district clerks constitute the town board of 
school directors, and in their hands is placed the control of 
all of the schools of the town. The board of directors 
of the town meet in regular session twice each year, and 



132 WISCONSIN" AND THE NATION. 

in such special meetings as may legally be called. The 
board elects from their number a president and vice-presi- 
dent, and some resident of the town, not necessarily a 
member of the board, secretary. These three constitute 
the executive committee to carry out and put in force all 
measures and orders of the town board of directors. In 
addition to this the secretary performs within the town, 
duties similar to those of the county superintendent in the 
county, in the way of visiting schools, advising with teach- 
ers and supervising the schools generally. 

School Fund.— The school fund of the state is de- 
rived from the sale of all lands granted to the state by the 
United States (except the university lands); from property 
coming to the state by escheat; from money paid for ex- 
emption from military duty; from five per cent, -of the net 
proceeds of the sale of all public lands; from the net pro- 
ceeds of all penal fines, and from all grants to the state 
not especially granted for other purposes. Only the inter- 
est on this fund can be used. The fund is constantly in- 
creasing from the above sources, and the income from the 
fund now amounts to over two hundred thousand dollars 
annually. 

School Taxes The income from the school fund is 

insufficient to support the schools of the state; therefore 
annual taxes are levied to make up the deficiency. In 
fact, the principal source of revenue for our schools is tax- 
ation. 

There is a state tax of one mill per dollar levied annu- 
ally, a county tax levied by the county board, and a dis- 
trict tax voted by the district. 

By this means each district is not left to its own re- 
sources for support, but receives part support from the 



WISCONSIN AND THE NATION. 133 

county and part from the state tax, and is also aided by 
the general school fund. Thus, those districts whose tax- 
able property is less than other districts in the county are 
by this means aided by the county tax. Likewise the 
poorer counties are aided by the state tax and the state 
school fund. 

In the end, of course, the schools are largely supported 
by taxation, but by the above described method the wealth- 
ier regions of the state and the county are made to aid the 
less favored districts in the support of their schools. 

Purpose of Education. — "To prepare us for com- 
plete living is the function which education has to dis- 
charge," says Spencer. 

It is not alone for the benefit of the individual that the 
state looks after his mental training, but the state serves 
its own interests in so doing as well. 

With us, where each individual has a certain part to 
perform in the affairs of government, it is quite important 
that each performs his part well — intelligently. The wis- 
dom of our governmental affairs is fairly proportional to 
the wisdom of our people in general. 

Tyrants may strengthen their pow T er by keeping the 
people in ignorance, but republics never can do so. With 
us there is almost a perfect system of reciprocity in this 
matter. The state is interested in the welfare of each of 
its citizens, and each citizen is directly interested in the 
general good of the state. 

State Institutions. — There are a number of state 
institutions of great importance, but not all of an educa- 
tional nature. 

The State University, located at Madison, is the largest 
educational institution of the state and is supported by the 



134 WISCONSIN AND THE NATION. 

state and under the direct management of a board of re- 
gents. 

It has over one hundred members in its faculty and an 
attendance of about fifteen hundred students. It ranks 
among the first of the state universities. 

The State Normal Schools, seven in number, located re- 
spectively at Plattville, Whitewater, Oshkosh, River Falls, 
Milwaukee, Stevens Point and West Superior, are quite 
important educational institutions. It is their especial 
purpose to train teachers for our schools. The number of 
normal graduates holding high positions in the schools of 
the state testify how well these institutions are fulfilling 
this purpose. 

They are under the direct control of the board of 
normal school regents, and are supported by the state. 

There are a number of other state institutions of which 
the State Board of Control have charge, including the State 
Hospital for. the Insane at Mendota, near Madison; 
Northern Hospital for the Insane at Winnebago, near 
Oshkosh; School for the Deaf at Delavan; School for the 
Blind at Janesville; Industrial School for Boys at Wau- 
kesha; State Prison at Waupun; and State Public School 
for Dependent Children at Sparta. 

The Industrial School for Girls, at Milwaukee, was 
originally a private institution, and is managed by a 
private board, but the state uses it as a reformatory for 
girls, and aids in its support. 

The Wisconsin Veterans 1 Home, near Waupaca, was 
founded by the G. A. R., Department of Wisconsin, to 
care for honorably discharged indigent soldiers, sailors 
or marines of the war of the rebellion, who are not receiv- 
able into our national home, and their indigent wives or 
widows for whom no provision is made at the national 



WISCONSIN AND THE NATION. 135 

homes, and who have heretofore been separated, the wife 
going to the poorhouse, while the husband went to the 
national home. 

The home is supported by the state, the G. A. R. and 
the national government. The property of the institution 
belongs to the state but is under the control of a board of 
trustees elected by the G. A. R. of Wisconsin. 

Apropos to the above, there are six branches of the 
national home for disabled volunteer soldiers, the national 
home of the northwest being located at Milwaukee. It is 
under the care of the national government. 



136 WISCONSIN AND THE NATION. 



CHAPTER XX. 

ORDINANCE OF 1787. 

For. the government of the territory of the United States, north- 
west of the River Ohio. 

Be it ordained by the United States, in Congress assembled, 
that the said territory, for the purposes of temporary government, 
be one district; subject, however, to be divided into two districts, 
as future circumstances may, in the opinion of congress, make it 
expedient. 

Be it ordained by the authority aforesaid, that the estates both 
of resident and non-resident proprietors in the said territory, dying- 
intestate, shall descend to and be distributed among their children, 
and the descendents of a deceased child, in equal parts, the 
descendents of a deceased child or grandchild, to take a share of 
their deceased parent in equal parts among them; and where there 
shall be no children or descendents, then in equal parts to the next 
of kin, in equal degree; and among collaterals the children of 
a deceased brother or sister of the intestate, shall have, in equal 
parts among them, their deceased parent's share; and there shall, 
in no case, be a distinction between kindred of the whole and half 
blood; saving in all cases, to the widow of the intestate her third part 
of the real estate for life, and one-third part of the personal estate; 
and this law relative to descendents and dower shall remain in full 
force until altered by the legislature of the district. And until the 
governor and judges shall adopt laws, as hereinafter mentioned, 
estates in the said territory may be devised or bequeathed by wills 
in writing signed and sealed by him or her, in. whom the estate 
may be (being of full age), and attested by three witnesses; and 
real estates may be conveyed by lease and release, or bargain and 
sale, signed, sealed and delivered by the person, being of full age, 
in whom the estate may be, and attested by two witnesses; pro- 
vided such wills be duly proved, and such conveyances be 
acknowledged or the execution thereof duly proved, and be recorded 



WISCONSIN AND TI1R NATION. 137 

within one year after proper magistrates, courts and registers shall 
be appointed for that purpose; and personal property may be 
transferred by delivery; saving, however, to the French and Cana- 
dian inhabitants, and other settlers of the Kaskaskias, Saint Vin- 
cents, and the neighboring villages, who have heretofore professed 
thems-elves citizens of Virginia, their laws and customs now in 
force among them, relative to the descent and conveyance of 
property. 

Be it ordained by the authority aforesaid, that there shall be 
appointed from time to time, by congress, a governor, whose com- 
mission shall continue in force for the term of three years, unless 
sooner revoked by congress; he shall reside in the district, and have 
a freehold estate therein, in one thousand acres of land, while in 
the exercise of his office. 

There shall be appointed, from time to time, by congress, a sec- 
retary, whose commission shall continue in force for four} r ears, un- 
less sooner revoked; he shall reside in the district, and have a free- 
hold estate therein in five hundred acres of land, while in the exercise 
of his office. It shall be his duty to keep and preserve the acts 
and laws passed by the legislature, and the public records of the 
district, and the proceedings of the governor in his executive 
department; and transmit authentic copies of such acts and pro- 
ceedings every six months, to the secretary of congress. There 
shall also be appointed a court, to consist of three judges, any two 
of whom to form a court, who shall have a common-law jurisdic- 
tion, and reside in the district, and have each therein a freehold 
estate in five hundred acres of land, while in the exercise of their 
offices; and their commissions shall continue in force during good 
behavior. 

The governor and judges, or a majority of them, shall adopt 
and publish, in the district, such laws of the original states, crimi- 
nal and civil, as may be necessary and best suited to the circum- 
stances of the district, and report them to congress from time to 
time; which laws shall be in force in the district until the organi- 
zation of the general assembly therein, unless disapproved of by 
congress; but afterwards the legislature shall have authority to 
alter them as they shall think fit. 

The governor for the time being, shall be commander-in- 
chief of the militia, appoint and commission all officers of the 
same, below the rank of general officers; all general officers shall 
be appointed and commissioned by congress. 



138 WISCONSIN AND THE NATION. 

Previous to the organization of the general assembly, the gov- 
ernor shall appoint such magistrates and other civil officers, in 
each county or township, as he shall find, necessary for the preser- 
vation of the peace and good order in the same. After the general 
assembly shall be organized, the powers and duties of the magis- 
trates and other civil officers shall be regulated and defmedby the 
said assembly; but all magistrates and other civil officers, not 
herein otherwise directed, shall, during the continuance of this 
temporary government, be appointed by the governor. 

For the prevention of crimes and injuries, the laws to be 
adopted or made, shall have force in all parts of the district, and 
for the execution of process, criminal and civil, the governor shall 
make proper divisions thereof; and he shall proceed from time to 
time, as circumstances may require, to lay out the parts of the dis- 
trict, in which the Indian titles shall have been extinguished, into 
counties and townships, subject, however, to such alterations as 
may thereafter be made by the legislature. 

So soon as there shall be five thousand free male inhabitants of 
full age, in the district, upon giving proof thereof to the governor, 
they shall receive authority, with time and place, to elect represen- 
tatives from their counties or townships, to represent them in the 
general assembly; provided, that for every five hundred free male 
inhabitants, there shall be one representative, and so on progres- 
sively with the number of free male inhabitants, shall the right of 
representation increase, until the number of representatives shall 
amount to twenty-five, after which, the number and proportion of 
representatives shall be regulated by the legislature; provided, 
that no person be eligible or qualified to act as a representative, 
unless he shall have been a citizen of one of the United States 
three years, and be a resident in the district, or unless he shall 
have resided in the district three years, and in either case shall 
likewise hold in his own right, in fee simple, two hundred acres of 
land within the same; provided also, that a freehold in fifty acres of 
land in the district, having been a citizen of one of the states, and 
being resident in the district, or the like freehold and two years' 
residence in the district shall be necessary to qualify a man as an 
elector of a representative. 

The representatives thus elected shall serve for the term of two 
years; and in case of the death of a representative, or removal from 
office, the governor shall issue a writ to the county or township for 



WISCONSIN AND THE NATION. L39 

which he was a member, to elect another in his stead, to serve for 
the residue of the term. 

The general assembly, or legislature, shall consist of the gov- 
ernor, legislative council, and a house of representatives. The 
legislative couucil shall consist of five members, to continue in 
office five years, unless sooner removed by congress; any three of 
whom to be a quorum. And the members of the council shall be 
nominated and appointed in the following manner, to-wit: As soon 
as representatives shall be elected, the governor shall appoint a 
time and place for them to meet together, and when met, they shall 
nominate ten persons, residents in the district, and each possessed 
of a freehold in five hundred acres of land, and return their names 
to congress; five of whom congress shall appoint and commission 
to serve as aforesaid; and whenever a vacancy shall happen in the 
council, by death or removal from office, the house of representa- 
tives shall nominate two persons, qualified as aforesaid, for each 
vacancy, and return their names to congress; one of whom congress 
shall appoint and commission for the residue of the term. And 
every five years, four months at least before the expiration of the 
time of service of the members of the council, the said house shall 
nominate ten persons, qualified as aforesaid, and return their 
names to congress; five of whom congress shall appoint and com- 
mission to serve as members of the council, five years, unless 
sooner removed. And the governor, legislative council, and house 
of representatives, shall have authority to make laws, in all cases, for 
the good government of the district, not repugnant to the principles 
and articles in this ordinance established and declared. And all 
bills having passed by a majority in the house, and by a majority in 
the council, shall be referred to the governor for his assent; but no 
bill or legislative act whatever shall be of any force without his 
assent. The governor shall have power to convene, prorogue, and 
dissolve the general assembly, when in his opinion it shall be 
expedient. 

The governor, judges, legislative council, secretary, and such 
other officers as congress shall appoint in the district, shall take 
an oath or affirmation of fidelity and of office; the governor before 
the president of congress, and all other officers before the governor. 
As soon as a legislature shall be formed in the district, the council 
and house, assembled, in one room, shall have authorit} 7 , by joint 
ballot, to elect a delegate to congress, who shall have a seat in 



140 WISCONSIN AND THE NATION. 

congress, with a right of debating, but not of voting, during this 
temporary government. 

And for extending the fundamental principles of civil and 
religious liberty, which form the basis whereon these republics, 
their laws, and constitutions are erected; to fix and establish those 
principles as the basis of all laws, constitutions, and governments, 
which forever hereafter shall be formed in the said territory; to 
provide also for the establishment of states, and permanent govern- 
ments therein, and for their admission to share in the federal coun- 
cils, on an equal footing with the original states, at as early periods 
as maybe consistent with the general interest: 

ARTICLES OF COMPACT. 

It is hereby ordered and declared, by the authority aforesaid, 
That the following articles shall be considered as articles of com- 
pact between the original states and the people and states in the 
said territory, and forever remain unalterable, unless by common 
consent, to-wit: 

ARTICLE I. 

No person demeaning himself in a peaceable and orderly man- 
ner shall ever be molested on account of his mode of worship, or 
religious sentiments, in the said territory. 

ARTICLE II. 

The inhabitants of the said territory shall always be entitled 
to the benefits of the writ of habeas corpus, and trial by jury; of 
a proportionate representation of the people in the legislature, and 
of judicial proceedings according to the course of the common law. 
All persons shall be bailable, unless for capital offenses, where the 
proof shall be evident, or the presumption great. All fines shall 
be moderate, and no cruel or unusual punishment shall be inflicted. 
No man shall be deprived of his liberty or property, but by the 
judgment of his peers, or the law of the land, and should the pub- 
lic exigencies make it necessary, for the common preservation, to 
take any person's property, or to demand his particular services, 
full compensation shall be made for the same. And in the just 
preservation of rights and propert3% it is understood and declared, 
that no law ought ever to be made, or have force in the said terri- 



WISCONSIN AND THE NATION. 141 

tory, that shall in any manner whatever interfere with or affect 
private contracts or engagements, bona fide and without fraud, 
previously formed. 

ARTICLE III. 

Religion, morality, and knowledge being necessary to good 
government and the happiness of mankind; schools and the means 
of education shall forever be encouraged. The utmost good faith 
shall always be observed towards the Indians; their lands and 
property shall never be taken from them without their consent, 
and in their property, rights, and liberty, they never shall be 
invaded or disturbed, unless in just and lawful wars, authorized 
by congress; but laws, founded in justice and humanity, shall, 
from time to time, be made for preventing wrongs being done to 
them, and for preserving peace and friendship with them. 

ARTICLE IV. 

The said territory, and the states which may be formed therein, 
shall forever remain a part of this confederacy of the United 
States of America, subject to the articles of confederation, and to 
such alterations therein as shall be constitutionally made; and to 
all the acts and ordinances of the United States in congress 
assembled, conformable thereto. The inhabitants and settlers in 
the said territory shall be subject to pay a part of the federal debts, 
contracted, or to be contracted, and a proportional part of the 
expenses of government, to be apportioned on them by congress, 
according to the same common rule and measure by which appor- 
tionments thereof shall be made on the other states; and the taxes 
for paying their proportion shall be laid and levied by the authority 
and direction of the legislatures of the district or districts, or new 
states, as in the original states, within the time agreed upon by the 
United States in congress assembled. The legislatures of those 
districts, or new states, shall never interfere with the primary dis- 
posal of the soil by the United States in congress assembled, nor 
with any regulations congress may find necessary for securing the 
title in such soil to the bona fide purchasers. No tax shall be 
imposed on lands the property of the United States, and in no case 
shall non-resident proprietors be taxed higher than residents. The 
navigable waters leading into the Mississippi and St. Lawrence, 
and the carrying places between the same, shall be common high- 
ways and forever free, as well to the inhabitants of the said terri- 



142 WISCONSIN AND THE NATION. 

tory as to the citizens of the United States, and those of any other 
states that may be admitted into the confederacy, without any tax, 
impost, or duty therefor. 

ARTICLE V. 

There shall be formed, in the said territory, not less than three 
nor more than five states; and the boundaries of the states, as soon 
as Virginia shall alter her act of cession and consent to the same, 
shall become fixed and established as follows, to-wit: The western 
state in the said territory shall be bounded by the Mississippi, the 
Ohio and Wabash Rivers; a direct line from the Wabash and 
Post Vincents, due north to the territorial line between the 
United States and Canada; and by the*said territorial line to the 
Lake of the Woods and Mississippi. The middle state shall be 
bounded by the said direct line, the Wabash from Post Vincents 
to the Ohio, by the Ohio, by a direct line drawn due north from 
the mouth of the Great Miami to the said territorial line, and by 
the said territorial line. The eastern state shall be bounded by the 
last mentioned direct line, the Ohio, Pennsylvania, and the said 
territorial line; provided, however, and it is further understood and 
declared, That the boundaries of these three states shall be subject 
so far to be altered, that if congress shall hereafter find it expedi- 
ent, they shall have authority to form one or two states in that 
part of the said territory which lies norlh of an east and west line 
drawn through the southerly bend or extreme of Lake Michigan. 
And whenever any of the said states shall have sixty thousand 
free inhabitants therein, such state shall be admitted, by its dele- 
gates, into the congress of the United States, on an equal footing 
with the original states, in all respects whatever; and shall be at 
liberty to form a permanent constitution and state government; 
provided, the constitution and government so to be formed shall be 
republican, and in conformity to the principles contained in these 
articles; and so far as it can be consistent with the general interest 
of the confederac}^ such admission shall be allowed at an early 
period, and w r hen there may be a less number of free inhabitants 
in the state than sixty thousand. 

ARTICLE VI. 

There shall be neither slavery nor involuntary servitude in the 
said territory, otherwise than in the punishment of crimes, whereof 
the party shall have been duly convicted; provided always, that any 



WISCONSIN AND THE NATION. 143 

person escaping into the same, from whom labor or service is law- 
fully claimed in any of the original states, such fugitive may be 
lawfully reclaimed and conveyed to the person claiming his or her 
labor or service, as aforesaid. 

Be it ordained by the authority aforesaid, That the resolutions 
of the twenty-third of April, one thousand seven hundred and 
eighty-four, relative to the subject of this ordinance, be, and the 
same are hereby repealed, and declared null and void. 

Done by the United States, in congress assembled, the thir- 
teenth day of July, in the year of our Lord one thousand seven 
hundred and eighty-seven, and of their sovereignty and indepen- 
dence the twelfth. 



CHARLES THOMPSON, Secretary. 



144 WISCONSIN AND THE NATION. 



CHAPTER XXL 

CONSTITUTION OF WISCONSIN. 

Preamble. — We, the people of Wisconsin, grateful to 
Almighty God for our freedom, in order to secure its blessings, 
form a more perfect government, insure domestic tranquillity, and 
promote the general welfare, do establish this constitution. 

ARTICLE I. 

DECLARATION OF RIGHTS. 

Section 1. — Equality of Men. — All men are born equally 
free and independent, and have certain inherent rights; among 
these are life, liberty, and the pursuit of happiness. To secure 
these rights governments are instituted among men, deriving their 
just powers from the consent of the governed. 

Sec. 2. — Slavery Prohibited. — There shall be neither 
slavery nor involuntary servitude in this state otherwise than for 
the punishment for crime, whereof the party shall have been duly 
convicted. 

Sec. 3— Freedom of Speech and of the Press.— 

Every person may freely speak, write and publish his sentiments 
on all subjects, being responsible for the abuse of that right, and no 
laws shall be passed to restrain or abridge the liberty of speech or 
of the press. In all criminal prosecutions or indictments for libel, 
the truth may be given in evidence; and if it shall appear to the 
jury that the matter charged as libelous be true, and was published 
with good motives and for justifiable ends, the party shall be 
acquitted; and the jury shall have the right to determine the law 
and the facts. 

Sec. 4.— Right to Assemble and Petition.— The right of 
the people peaceably to assemble to consult for the common good, 
and to petition the government or any department thereof shall 
never be abridged. 



WISCONSIN AND THE NATION. 145 

Sec. 5.— Trial by Jury. — The right of trial by jury shall 
remain inviolate and shall extend to all cases at law, without regard 
to the amount in controversy; but a jury trial may be waived by 
the parties in all cases in the manner prescribed by law. 

Sec 6.— Bail and Punishments.— Excessive bail shall not 
be required, nor shall excessive fines be imposed, nor cruel and 
unusual punishment be inflicted. 

Sec. 7.— Privileges of Accused. — In all criminal prosecu- 
tions the accused shall enjoy the right to be heard by himself and 
counsel; to demand the nature and cause of the accusation against 
him; to meet the witnesses face to face; to have compulsory proc- 
ess to compel the attendance of witnesses in his behalf ; and in 
prosecutions by indictment Or information, to a speedy public trial 
by an impartial jury of the county or district wherein the offense 
shall have been committed; which county or district shall have 
been previously ascertained by law. 

Sec. 8.— Prosecution of Offenses, Jeopardy, etc.— [No person shall be 
held to answer for a criminal offense, unless on the presentment or indictment 
of a grand jury, except ia cases of impeachment, or in cases cognizable by jus- 
tices of the peace, or arising in the army or navy, or in the militia when in 
actual service in timo of war or public danger; and no person for the same 
offense shall be put twice in jeopardy of punishment, nor shall be compelled 
in any criminal case to be a witness against himself. All persons shall before 
conviction be bailable by sufficient sureties, except for capital offenses, when 
the proof is evident or the presumption great; and the privilege of the wiit of 
habeas corpus shall not be suspended, unless when in cases of rebe'lion or in- 
vasion, the public safety may require.] See amendment. 

Sec 9.— Remedy For Wrong 1 .— Every person is entitled 
to a certain remedy in the laws, for all injuries or wrongs he may 
receive in his person, property or character; he ought to obtain 
justice freely, and without being obliged to purchase it, com- 
pletely and without denial, promptly and without delay, conform- 
ably to the laws. 

Sec. 10. — Treason. — Treason against the state shall consist 
only in levying war against the same, or in adhering to its enemies, 
giving them aid and comfort. No person shall be convicted of 
treason unless on the testimony of two witnesses to the same overt 
act, or on confession in open court. 

Sec 11. — Searches and Seizures. — The right of the peo- 
ple to be secure in their persons, houses, papers and effects, against 



146 WISCONSIN AND THE NATION. 

unreasonable searches and seizures shall not be violated, and no 
warrant shall issue but upon probable cause, supported by oath or 
affirmation, and particularly describing the place to be searched, 
and the pesons or things to be seized. 

Sec. 12.— Bill of Attainder, etc.— No bill of attainder, 
ex post facto law, nor any law impairing the obligation of con- 
tracts, shall ever be passed; and no conviction shall work corrup- 
tion of blood or forfeiture of estate. 

Sec. 13.— Private Property Rights.— The property of no 
person shall be taken for public use without just compensation 
therefor. 

Sec. 14.— Land Tenures.— All lands within the state are 
declared to be allodial, and feudal tenures are prohibited. Leases 
and grants of agricultural land, for a longer term than fifteen 
years, in which rent or service of any kind shall be reserved, and 
all fines and like restraints upon alienation, reserved in any grant 
of land hereafter made, are declared to be void. 

Sec. 15.— Property Rights of Resident Aliens.— No 

distinction shall ever be made by law between resident aliens and 
citizens, in reference to the possession, enjoyment, or descent of 
property. 

Sec 16.— Imprisonment for Debt.— No person shall be 
imprisoned for debt arising out of, or founded on a contract, 
expressed or implied. 

Sec 17.— Exemption of Property.— The privilege of the 
debtor to enjoy the necessary comforts of life shall be recognized 
by wholesome laws, exempting a reasonable amount of property 
from seizure or sale for the payment of any debt or liability here- 
after contracted. 

Sec 18.— Religious Freedom.— The right of every man to 
worship Almighty God according to the dictates of his own con- 
science shall never be infringed, nor shall any man be compelled 
to attend, erect, or support any place of worship, or to maintain 
any ministry, against his consent. Nor shall any control of, or 
interference with the rights of conscience be permitted, or any 
preference be given by law to any religious establishments or 



WISCONSIN AND THE NATION. 147 

mode of worship. Nor shall any money be drawn from the treas- 
ury for the benefit of religious societies, or religious or theological 
seminaries. 

Sec. 19. — Religious Tests. — No religious tests shall ever be 
required as a qualification for any office or public trust, under the 
state, and no person shall be rendered incompetent to give evidence 
in any court of law or equity, in consequence of his opinions on 
the subject of religion. 

Sec. 20.— Military and Civil Power. — The military shall 
be in strict subordination to the civil power. 

Sec. 21. — Writs of Error.— Writs of error shall never be 
prohibited by law. 

Sec. 22.— Maintenance of Free Government.— The 

blessings of a free government can only be maintained by a firm 
adherence to justice, moderation, temperance, frugality and virtue, 
and by frequent recurrence to fundamental principles. 

ARTICLE II. 

BOUNDAKIES. 

Section 1.— Boundaries of State.— It is hereby ordained 
and declared that the state of Wisconsin doth consent and accept 
of the boundaries prescribed in the act of congress entitled "An 
act to enable the people of Wisconsin Territory to form a constitu- 
tion and state government, and for the admission of such state into 
the Union," approved August sixth, one thousand eight hundred 
and forty-six, to- wit: beginning at the northeast corner of the state 
of Illinois, that is to say, at a point in the center of Lake Michigan 
where the line of forty-two degrees and thirty minutes of north 
latitude crosses the same; thence, running with the boundary of 
the state of Michigan, through Lake Michigan, Green Bay, to the 
mouth of the Menominee River; thence up the channel of the said 
river to the Brule River; thence up said last mentioned river to 
Lake Brule; thence along the southern shore of Lake Brule, in a 
direct line to the center of the channel between Middle and South 
Island?, in the Lake of the Desert; thence in a direct line to the 
head waters of the Montreal River, as marked upon the survey 
made by Captain Cram; thence down the main channel of the 
Montreal River to the middle of Lake Superior; thence through 



148 WISCONSIN AND THE NATION. 

the center of Lake Superior to the mouth of the St. Louis River; 
thence up the main channel of said river to the first rapids in the 
same, above the Indian village, according to Nicollet's map ; thence 
due south to the main branch of the river St. Croix; thence down 
the main channel of said river to the Mississippi; thence down the 
center of the main channel of that river to the northwest corner of 
the state of Illinois; thence due east with the northern boundary 
of the state of Illinois, to the place of beginning, as established by 
" An act to enable the people of the Illinois Territory to form a 
constitution and state government, and for the admission of such 
state into the Union on an equal footing with the original states," 
approved April 18, 1818. \* Provided, however, That the following 
alteration of the aforesaid boundary be, and hereby is, proposed to 
the congress of the United States as the preference of the state of 
Wisconsin, and if the same shall be assented and agreed to by the 
congress of the United States, then the same shall be and forever 
remain obligatory on the state of Wisconsin, viz.: leaving the 
aforesaid boundary line at the foot of the rapids of the St. Louis 
River; thence, in a direct line bearing southwesterly, to the mouth 
of the Iskodewabo or Rum River, where the same empties into the 
Mississippi River, thence down the main channel of the said 
Mississippi River, as prescribed in the aforesaid boundary]. 

Sec. 2.— Enabling Act Accepted.— The propositions con- 
tained in the act of congress are hereby accepted, ratified and con- 
firmed, and shall remain irrevocable without the consent of the 
United States; and it is hereby ordained that this state shall never 
interfere with the primary disposition of the soil within the same, 
by the United States, nor with any regulations congress may find 
necessary for securing the title in such soil to bona fide purchasers 
thereof; and no tax shall be imposed on land, the property of the 
United States; and in no case shall non-resident proprietors be 
taxed higher than residents. Provided, That nothing in this con- 
stitution, or in the act of congress aforesaid, shall in any manner 
prejudice or affect the right of the state of Wisconsin to five hun- 
dred thousand acres of land granted to said state, and to be here- 
after selected and located, by and under the act of congress, 
entitled, "An act to appropriate the proceeds of sales of the public 
lands, and grant pre-emption rights," approved September fourth, 
one thousand eight hundred and forty-one. 

*Not assented to by congress. 



WISCONSIN AND THE NATION. 149 

ARTICLE III. 

SUFFRAGE. 

Section 1.— Who are Qualified Electors — [Every male person, of the 
age of twenty-one years or upwards, belonging to either of the following 
classes, who shall have resided in the state for one year next preceding any 
election, shall be deemed a qualified elector at such election: 

1. White citizens of the United States. 

2. White persons of foreign birth, who shall have declared their intention 
to become citizens conformably to the laws of the United States on the subject 
of naturalization. 

3. Persons of Indian blood, who have once been declared by law of con- 
gress to be citizens of the United States, any subsequent law of congress to the 
contrary notwithstanding. 

4. Civilized persons of Indian descent, not members of any tribe. Provided, 
That the legislature may, at any time, extend by law the right of suffrage to 
persons not herein enumerated; but no such law shall be in force until the same 
shall have been submitted to a vote of the people at a general election, and 
approved by a majority of all the votes cast at such election.] See Amendment. 

Sec. 2. — Who Not Qualified. — No person under guardian- 
ship, non compos mentis, or insane, shall be qualified to vote at any 
election; nor shall any person convicted of treason or felony be 
qualified to vote at any election unless restored to civil rights. 

Sec. 3. — Vote by Ballot. — All votes shall be given by ballot, 
except for such township officers as may by law be directed or al- 
lowed to be otherwise chosen. 

Sec. 4. — Residence Not Lost, When.— No person shall be 
deemed to have lost his residence in this state by reason of his ab- 
sence on business of the United States, or of this state. 

Sec. 5.— Who Not Residents.— No soldier, seaman or 
marine, in the army or navy of the United States, shall be deemed 
a resident of this state in consequence of being stationed within 
the same. 

Sec. 6. — Who May be Disqualified. — Laws may be passed 
excluding from the right of suffrage all persons who have been or 
may be convicted of bribery or larceny, or of any infamous crime, 
and depriving every person who shall make, or become directly or 
indirectly interested in, any bet or wager depending upon the 
result of any election, from the right to vote at such election. 



150 WISCONSIN A^D THE NATION. 

ARTICLE IV. 

LEGISLATIVE. 

Section 1. — Legislative Power. — The legislative power 
shall be vested in a senate and assembly. 

Sec. 2. — Number of. — The number of the members of the 
assembly shall never be less than fifty-four, nor more than one 
hundred. The senate shall consist of a number not more than 
one-third, nor less than one-fourth, of the number of the members 
of the assembly. 

Sec. 3. — Census and Apportionment. — The legislature 
shall provide by law for an enumeration of the inhabitants 
of the state, in the year one thousand eight hundred and 
fifty- five, and at the end of every ten years thereafter; and at 
their first session after such enumeration, and also for each enumer- 
ation made by the authority of the United States, the legislature 
shall apportion and district anew the members of the senate and 
assembly, according to the number of inhabitants, excluding Indians 
not taxed, and soldiers and officers of the United States army and 
navy. 

SEC 4.— Assembly Districts and Elections.— [The members of the as- 
sembly shall be chosen annually by single districts on the Tuesday succeeding 
the first Monday of November, by the qualified electors of the several dis- 
tricts; such districts to be bounded by county, precinct, town or ward lines, to 
consist of contiguous territory, and be in as compact form as practicable.] See 
Amendment. 

Sec 5— Senate Districts and Elections — [The senators shall be chosen 
by single districts of convenient contiguous territory, at the same time and in 
the same manner as members of the assembly are required to be chosen, and 
no assembly district shall be divided in the formation of a senate district. 
The senate districts shall be numbered in the regular series, and the senators 
chosen by the odd numbered districts shall go out of office at the expiration of 
the first year, and the senators chosen by the even numbered districts shall go 
out of office at the expiration of the second year, and thereafter the senators 
shall be chosen for the term of two years.] See Amendment. 

Sec, 6.— Qualifications of Members. — No person shall be 
eligible to the legislature who shall not have resided one year 
within the state, and be a qualified elector in the district which he 
may be chosen to represent. 



WISCONSIN AND THE NATION. 151 

Sec. 7.— Election Returns, Quorum, etc.— Each house 
shall be the judge of the elections, returns, and qualifications of its 
own members, and a majority of each shall constitute a quorum to 
do business; but a smaller number may adjourn from day to day 
and may compel the attendance of absent members, in such man- 
ner and under such penalties as each house may provide. 

Sec 8.— Rules, Contempts, Expulsions. — Each house 
may determine the rules of its own proceedings, punish for con- 
tempt and disorderly behavior, and, with the concurrence of two- 
thirds of all the members elected, expel a member; but no member 
shall be expelled a second time for the same cause. 

Sec 9. — Officers.— Each house shall choose its own officers, 
and the senate shall choose a temporary president, when the lieu- 
tenant governor shall not ^attend as president, or shall act as 
governor. 

Sec 10.— Journal, Open Doors, Adjournments.— Each 

house shall keep a journal of its proceedings, and publish the 
same, except such parts as require secrecy. The doors of each 
house shall be kept open, except when the public welfare shall re- 
quire secrecy. Neither house shall, without the consent of the 
other, adjourn for more than three days. 

Sec 11.— Sessions.— [The legislature shall meet at the seat of government, 
at such time as shall be provided by law, once in each year, and no oftenert 
unless convened by the governor.] See Amendment. 

Sec 12.— Ineligibility to Office. — No member of the legis- 
lature shall, during the term for which he was elected, be ap- 
pointed or elected to any civil office in the state which shall have 
been created, or the emoluments of which shall have been increased, 
during the term for which he was elected. 

Sec 13.— United States Officers Ineligible.— No person 
being a member of congress, or holding any military or civil office 
under the United States, shall be eligible to a seat in the legisla- 
ture; and if any person shall, after his election as a member of the 
legislature, be elected to congress, or be appointed to any office, 
civil or military, under the government of the United States, his 
acceptance thereof shall vacate his seat. 



152 WISCONSIN AND THE NATION. 

Election to Fill Vacancies —The governor shall 
issue writs of election to fill such vacancies as may occur in either 
house of the legislature. 

Sec. 15. — Privileged From Arrest. — Members of the legis- 
lature shall, in ;ill ca e* except treason, felony, and breach of the 
peace, be privileged from arrest; nor shall they be subject to any 
civil process, during the sessi m of the legislature, nor for fifteen 
days next before the commencement and after the termination of 
each bession. 

Sec. 16. — Privilege in Debate. — No member of the leg- 
islature shall be liable in any civil action or criminal prosecution 
whatever, for words spoken in debate. 

Sec. 17.— Style and Enactment of Laws.— The btyle of 
the laws of the state shall be, "The people of the State of Wiscon- 
sin, represented in senate and assembly, do enact as follows," and 
no law shall be enacted except by bill. 

Sec. 18. — Private and Local Bills. — No private or local 
bill, which may be passed by the legislature, shall embrace more 
than one subject, and that shall be expressed in the title. 

Sec 19. — Origin of Bills. — Any bill may originate in either 
house of the legislature, and a bill passed by one house may be 
amended by the other. 

Sec 20.— Yeas and Nays.— The yeas and nays of the mem- 
bers of either house, on any question, shall, at the request of one- 
sixth of those present, be entered on the journal. 

Sec. 21.— Compensation.— [Each member of the legislature shall receive 
for his services, two dollars and fifty cents for each day's attendance during 
the session, and ten cenN for every mile lie shall travel in going to and return- 
ing from the place of tin leeting of the legislature, on the most usual route.] 
See Amendments. 

Sec 22.— Powers Conferred upon Supervisors.— The 

legislature may confer upon the boards of supervisors of the sev- 
eral counties of the stal . uch powers, of a local, legislative, and 
administrative character, as they shall from time to time prescriV 

Sec 23.— Uniform Town and County Governmen 

The legislature shall establish but one system of town and 
county government, which shall be as nearly uniform as practi > 
able. 



WISCONSIN AND THE NATION. 153 

Sec. 24.— Lotteries and Divorces.— The legislature shall 
never authorize any lottery or grant any divorce. 

Sec. 25.— Stationery and Printing Contracts.— The 

legislature shall provide by law that all stationery required for the 
use of the state, and all printing authorized and required by them 
to be done for their use, or for the state, shall be let by contract to 
the lowest bidder; but the legislature may establish a maximum 
price. No member of the legislature, or other state officer, shall 
be interested, either directly or indirectly, in any such contract. 

Sec. 26.— Extra Compensation.— The legislature shall 
never grant any extra compensation to any public officer, agent, 
servant or contractor, after the service shall have been rendered or 
the contract entered into. Nor shall the compensation of any pub- 
lic officer be increased or diminished during his term of office. 

Sec. 27.— Suits Against the State.— The legislature shall 
direct by law in what manner and in what court suit may be 
brought against the state. 

Sec. 28. — Oath of Office. — Members of the legislature, and 
all officers, executive and judicial, except such inferior officers as 
may be by law exempted, shall, before they enter upon the duties 
of their respective offices, take and subscribe an oath or affirm- 
ation to support the constitution of the United States, and the con- 
stitution of the state of Wisconsin, and faithfully to discharge the 
duties of their respective offices to the best of their ability. 

Sec. 29. — Militia. — The legislature shall determine what per- 
sons shall constitute the militia of the state, and may provide for 
organizing and disciplining the same, in such manner as shall be 
prescribed by law. 

Sec. 30.— Elections by "Legislature.— In all elections to be 
made by the legislature, the members thereof shall vote viva voce, 
and their votes shall be entered on the journal. [Sections 31 and 
32 added, see Amendments.] 

" ARTICLE V. 

EXECUTIVE. 

Section 1. — Governor. — The executive power shall be 
vested in a governor who shall hold his office for two years. A 
lieutenant governor shall be elected at the same time, and l'oi 
the same term, 



154 WISCONSIN AND THE NATION. 

Sec. 2. — Eligibility. — No person, except a citizen of the 
United States, and a qualified elector of the state shall be eligible 
to the office of governor or lieutenant governor. 

Sec. 3. — Election of. — The governor and lieutenant governor 
shall be elected by the qualified electors of the state at the times 
and places of choosing members of the legislature. The persons 
respectively having the highest number of votes for governor and 
lieutenant governor shall be elected. But in case two or more 
shall have an equal and the highest number of votes for governor or 
lieutenant governor, the two houses of the legislature, at its next 
annual session, shall forthwith, by joint ballot, choose one of the 
persons so having an equal and the highest number of votes for 
governor or lieutenant governor. The returns of election for 
governor and lieutenant governor shall be made in such manner as 
shall be provided by law. 

Sec. 4.— Powers. — The governor shall be commander-in- 
chief of the military and naval forces of the state. He shall have the 
power to convene the legislature on extraordinary occasions; and 
in case of invasion, or danger from the prevalence of contagious 
disease at the seat of the government, he may convene them at any 
other suitable place within the state. He shall communicate to the 
legislature, at every session, the condition of the state, and recom- 
mend such matter to them for their consideration, as he may deem 
expedient. He shall transact all necessary business with the offi- 
cers of the government, civil and military. He shall expedite all 
such measures, as may be resolved upon by the legislature, and 
shall take care that the laws be faithfully executed. 

Sec. 5.— Compensation.— [The governor shall receive during his con- 
tinuance in office, an annual compensation of one thousand two hundred and 
fifty dollars.] See Amendment. 

Sec 6.— Pardons, Etc.— The governor shall have power 
to grant reprieves, commutations, and pardons, after conviction, 
for all offenses except treasons and cases of impeachment, upon 
such conditions and with such restrictions and limitations as he 
may think proper, subject to such regulations as may be provided 
by law relative to the manner of applying for pardons. Upon con- 
viction for treason, he shall have the power to suspend the execu- 
tion of the sentence until the case shall be reported to the legisla- 
ture, at its next meeting, when the legislature shall either pardon, 



WISCONSIN AND THE NATION. 155 



grant a further reprieve. He shall annually communicate to the 
legislature each case of reprieve, commutation or pardon granted, 
stating the name of the convict, the crime of which he was con- 
victed, the sentence and its date, and the date of the commutation, 
pardon, or reprieve, with his reasons for granting the same. 

Sec. 7. — Lieutenant Governor as Governor.— In case 
of the impeachment of the governor, or his removal from office, 
death, inability from mental or physical disease, resignation or 
absence from the state, the powers and duties of the office shall 
devolve upon the lieutenant governor, for the residue of the term, 
or until the governor, absent or impeached, shall have returned, or 
the disability shall cease. But when the governor shall, with the 
consent of the legislature, be out of the state in time of war, at the 
head of the military force thereof, he shall continue commander- 
in-chief of the military force of the state. 

Sec. 8.— President of Senate.— Secretary of State as 

Governor. — The lieutenant governor shall be president of the 
senate, but shall have only a casting vote therein. If duriDg a 
vacancy in the office of governor, the lieutenant governor shall be 
impeached, displaced, resign, die, or from mental or physical dis- 
ease become incapable of performing the duties of his office, or be 
absent from the state, the secretary of state shall act as governor 
until the vacancy shall be filled, or the disability shall cease. 

Sec 9.— Compensation.— [The lieutenant governor shall receive double 
the per diem allowance of members of the senate, for every day's attendance 
as president of the senate, and the same mileage as shall be allowed to mem- 
bers of the legislature.] See Amendment. 

Sec 10. — Veto Power. — Every bill which shall have passed 
the legislature shall, before it becomes a law, be presented to the 
governor. If he approve, he shall sign it ; but if not, he shall 
return it, with his objections, to that house in which it shall have 
originated, who shall enter the objections at large upon the journal 
and proceed to reconsider it. If, after such reconsideration, two- 
thirds of the members present shall agree to pass the bill, it shall 
be sent, together with the objections to the other house, by which 
it shall likewise be reconsidered, and if approved by two-thirds of 
the members present, it shall become a law. But in all such cases, 
the votes of both houses shall be determined by yeas and nay*, 
and the names of the members voting for or against the bill shall 



156 WISCONSIN AND THE NATION. 

be entered on the journal of each house, respectively. If any bill 
shall not be returned by the governor within three days (Sundays 
excepted) after it shall have been presented to him, the same shall 
be a law, unless the legislature shall, by their adjournment, prevent 
its return ; in which case it shall not be a law. 

ARTICLE VI. 

ADMINISTRATIVE. 

Section 1.— Administrative Officers, Election of.— 

There shall be chosen by the qualified electors of the state, at the 
times and places of choosing the members of the legislature, a 
secretary of state, treasurer, and attorney-general, who shall 
severally hold their offices for the term of two years. 

Sec. 2.— Secretary of State— The secretary of state shall 
keep a fair record of the official acts of the legislature and executive 
department of the state, and shall, when required, lay the same and 
ail matters relative thereto before either branch of the legislature. 
He shall be ex officio auditor, and shall perforin such other duties 
as shall be assigned him by law. He shall receive as a compen- 
sation for his services, yearly, such sum as shall be provided by 
law, and shall keep his office at the seat of government. 

Sec. 3 —Treasurer and Attorney -General— The power , 
duties and compensation of the treasurer and attorney-general shall 
be prescribed by law. 

Sec 4.— County Officer.— [Sheriffs, coroners, registers of deeds and 
district attorneys shall be chosen by the electors of the respective counties, 
once in every two years, and as oiten as vacancies shall happen. Sheriffs shall 
hold no other office, and be ineligible for two years next succeeding the 
termination of their offices. They may be required by law to renew their 
security from time to time ; and in default of giving such new security, their 
offices shall be deemed vacant. But the county shall never be made responsible 
for the acts of the sheriff. The governor may remove any officer in this section 
mentioned, giving to such officer a copy of the charges against him and an 
opportunity of being heard in his defense.] See Amendment. 

ARTICLE VII. 

JUDICIARY. 

Section 1.— Court of Impeachment.— The court for the 
trial of impeachment shall be composed of the senate. The house of 
representatives shall have the power of impeaching all civil officers, 



WISCONSIN AND THE NATION. 1 57 

of this state, for corrupt conduct in office, or for crimes and mis- 
demeanors ; but a majority of all the members elected shall concur 
in an impeachment. On the trial of an impeachment against the 
governor, the lieutenant governor shall not act as a member of the 
court. Ko judicial officer shall exercise his office after he shall 
have been impeached, until his acquittal. Before the trial of an 
impeachment; the members of the court shall take an oath or 
affirmation truly and impartially to try the impeachment, according 
to evidence ; and no person shall be convicted without the con- 
currence of two-thirds of the members present. Judgment in cases 
of impeachment shall not extend further than to removal from 
office, or removal from office and disqualification to hold any office 
of honor, profit or trust, under the state ; but the party impeached 
shall be liable to indictment, trial and punishment according to 
law. 

Sec 2.— Judicial Power, Where Vested.— The judicial 
power of this state, both as to matters of law and equity, shall be 
vested in a supreme court, circuit courts, courts of probate, and in 
justices of the peace. The legislature may also vest such juris- 
diction as shall be deemed necessary in municipal courts, and shall 
have power to establish inferior courts in the several counties, with 
limited civil and criminal jurisdiction. Provided, That the juris- 
diction which may be vested in municipal courts shall not exceed, 
in their respective municipalities, that of circuit courts in their 
respective circuits, as prescribed in this constitution ; and that the 
legislature shall provide as well for the election of judges of the 
municipal courts as of the judges of inferior courts, by the qualified 
electors of the respective jurisdictions. The term of office of the 
judges of the said municipal and inferior courts shall not be longer 
than that of the judges of the circuit' courts. 

Sec. 3.— Supreme Court, Jurisdiction of.— The supreme 
court, except in cases otherwise provided in this constitution, shall 
have appellate jurisdiction only, which shall be co-extensive with 
the state ; but in no case removed to the supreme court, shall a 
trial by jury be allowed. The supreme court shall have a general 
superintending control over all inferior courts ; it shall have power 
to issue writs of habeas corpus, mandamus, in j unction, quo warranto, 
certiorari, and other original and remedial writs, and to hear and 
determine the same. 



158 WISCONSIN AND THE NATION. 

Sec. 4.— Organization of Supreme Court.— [For the term of five years, 
and thereafter until the legislature shall otherwise provide, the judges of the 
several circuit courts shall be judges of the supreme court, four of whom shall 
constitute a quorum, and the concurrence cf a majority of the judges present 
shall be necessary to a decision. The legislature shall have power, if tiiey 
should think it expedient and necessary, to provide by law for the organization 
of a separate supreme court, with (he jurisdiction and powers prescribed in 
this constitution, to consist of one chief justice and two associate justices to be 
elected by the qualified voters of the state, at such time and in such manner as 
the legislature may provide. The separate supreme court, when so organized, 
shall not be changed or discontinued by the legislature; the judges thereof 
shall be l o classified that but one of them shall go out of office at the same time, 
and their term of office shall be the same as provided for the judges of the 
circuit court. And whenever the legislature may consider it necessary to 
establish a separate supreme court, they shall have the power to reduce the 
number of circuit judges to four, and subdivide the judicial number of circuits; 
but no such subdivision or reduction shall take effect until after the expiration 
of the term of some one of the said judges, or until a vacancy occur by some 
other means.] See Amendment. 

Sec. 5. — Judicial Circuits. — The state shall be divided into 
five judicial circuits, to be composed as follows : The First circuit 
shall comprise the counties of Racine, Walworth, Rock and Green. 
The Second circuit, the counties of Milwaukee, Waukesha, Jeffer- 
son and Dane. The Third circuit, the counties of Washington, 
Dodge, Columbia, Marquette, Sauk and Portage. The Fourth 
circuit, the counties of Brown, Manitowoc, Sheboygan, Fond du 
Lac, Winnebago and Calumet. And the Fifth circuit shall com- 
prise the counties of Iowa, La Fayette, Grant, Crawford and St. 
Croix ; and the county of Richland shall be attached to Iowa, 
the county of Chippewa to the county of Crawford, and the county 
of La Pointe to the county of St. Croix, for judicial purposes, until 
otherwise provided by the legislature. 

Sec. 6.— Cliauge of Circuits.— The legislature may alter the 
limits, or increase the number of circuits, making them as compact 
and convenient as practicable, and bounding them by county lines; 
but no such alteration or increase shall have the effect to remove a 
judge from office. In case of an increase of circuits, the judge or 
judges shall be elected as provided in this constitution, and receive 
a salary not less than that herein provided for judges of the circuit 
court. 

Sec.7.— Circuit Judges, Election, Etc.— For each circuit 
there shall be a judge chosen by the qualified electors therein, who 



WISCONSIN AND THE NATION. 159 

shall hold his office as is provided in this constitution, and until 
his successor shall be chosen and qualified ; and after he shall have 
been elected, he shall reside in the circuit for which he was elected. 
One of said judges shall be designated as chief justice, in such 
manner as the legislature shall provide. And the legislature shall, 
at its first session, provide by law, as well for the election of, as for 
classifying the judges of the circuit court, to be elected under this 
constitution in such a manner that one of said judges shall go out 
of office in two years, one in three years, one in four years, one in 
five years and one in six years, and thereafter the judge elected to 
fill the office shall hold the same for six years. 

Sec. 8.— Jurisdiction of Circuit Courts.— The circuit 
courts shall have original jurisdiction in all matter civil and 
criminal, within this state, not excepted in this constitution, and 
not hereafter prohibited by law, and appellate jurisdiction from all 
inferior courts and tribunals, and a supervisory control over the 
same. They shall also have the power to issue writs of habeas 
corpus, mandamus, injunction, quo warranto, certiorari, and all other 
writs necessary to carry into effect their orders, judgments and 
decrees, and give them a general control over inferior courts and 
jurisdictions. 

Sec. 9. — Elections. — Vacancies. —When a vacancy shall 
happen in the office of judge of the supreme or circuit courts, such 
vacancy shall be filled by an appointment of the governor, which 
shall continue until a successor is elected and qualified; and when 
elected, such successor shall hold his office the residue of the un- 
expired term. There shall be no election for a judge or judges at 
any general election for state or county officers, nor within thirty 
days either before or after such election. 

Sec. 10.— Salary.— Eligibility.— Each of the judges of the 
supreme and circuit courts shall receive a salary, payable quar- 
terly, of not less than one thousand five hundred dollars annually; 
they shall receive no fees of office, or other compensation than 
their salaries; they shall hold no office of public trust, except a 
judicial office, during the term for which they are respectively 
elected, and all votes for either of them, for any office except a 
judicial office given by the legislature or the people, shall be void. 
No person shall be eligible to the office of judge, who shall not, at 



160 WISCONSIN AND THE NATION. 

the time of his election, be a citizen of the United States, and have 
attained the age of twenty-five years, and be a qualified elector 
within the jurisdiction for which he may be chosen. 

Sec. 11.— Terms of Court.— Change cf Judges.— The 

supreme court shall hold at least one term annually, at the seat of 
government of the state, at such time as shall be provided by law, 
and the legislature may provide for holding other terms, and at 
other places, when they may deem it necessary. A circuit court 
shall be held at least tw r ice in each year, in each county of this 
state, organized for judicial purposes. The judges of the circuit 
court may hold courts for each other, and shall do so when re- 
quired by law. 

Sec 12.— Clerks of Courts.— [There shall be a clerk of the circuit court 
chosen in each county organized for judicial purposes, by the qualified electors 
thereof, who shall bold his office for two years, subject to removal, as shall 
be provided by law. In case of a vacancy, the judge of the circuit court shall 
have the power to appoint a clerk, until the vacancy shall be filled by an elec- 
tion. The clerk thus elected or appointed shall give such security as the legis- 
lature may require; and when elected, shall hold his office for a full term. 
The supreme court shall appoint its own clerk, and the clerk of a circuit court 
may be appointed clerk of the supreme court.] See Amendment. 

Sec 13.— Removal of Judges.— Any judge of the supreme 
or circuit court may be removed from office by address of both 
houses of the legislature, if two-thirds of all the members elect to 
each house concur therein; but no removal shall be made by vir- 
tue of this section, unless the judge complained of shall have been 
served with a copy of the charges against him as the ground of 
address, and shall have had an opportunity of being heard in his 
defense. On the question of removal, the ayes and noes shall be 
entered on the journals. 

Sec 14— Judges of Probate.— There shall be chosen in 
each county, by the qualified electors thereof, a judge of probate, 
who shall hold his office for two years, and until his successor shall 
be elected and qualified, and whose jurisdiction, powers and duties 
shall be prescribed by law. Provided, however, That the legisla- 
ture shall have power to abolish the office of judge of probate in 
any county, and to confer probate powers upon such inferior 
courts as may be established in said county. 

Sec 15. — Justices of the Peace. — The electors of the sev- 
eral towns, at their annual town meetings, and the electors of 



WISCONSIN AND THE NATION. 161 

cities and villages, at their charter elections, shall, in such manner 
as the legislature may direct, elect justices of the peace, whose 
term of office shall be for two years, and until their successors in 
office shall be elected and qualified. In case of an election to fill 
a vacancy occurring before the expiration of a full term, the jus- 
tice elected shall hold for the residue of the unexpired term. Their 
number and classifications shall be regulated by law. And the 
tenure of two years shall in no wise interfere with the classifica- 
tion in the first instance. The justices thus elected shall have such 
civil and criminal jurisdiction as shall be prescribed by law. 

Sec. 16. — Arbitration Tribunals.— The legislature shall 
pass laws for the regulation of tribunals of conciliation, defining 
their powers and duties. Such tribunals may be established in 
and for any township, and shall have power to render judgment to 
be obligatory on the parties, when they shall voluntarily submit 
their matter in difference to arbitration, and agree to abide the 
judgment, or assent thereto in writing. 

Sec 17.— Style of Writs, etc.— The style of all writs and 
process shall be, " The state of Wisconsin." All criminal prosecu- 
tions shall be carried on in the name and by the authority of the 
same; and all indictments shall conclude against the peace and 
dignity of the state. 

Sec. 18.— Tax on Civil Suits.— The legislature shall impose 
a tax on all civil suits commenced or prosecuted in the municipal, 
inferior, or circuit courts, which shall constitute a fund to be ap- 
plied toward the payment of the salary of the judges. 

Sec 19.— Testimony in Suits in Equity.— The testimony 
in causes in equity shall be taken in like manner as in cases at law; 
and the office of master in chancery is hereby prohibited. 

Sec 20. — Rights of Suitors.— Any suitor in any court in 

this state shall have the right to prosecute or defend his suit either 
in his own proper person or by an attorney or agent of his choice. 

Sec 21 .—Publication of Laws.— The legislature shall 
provide by law for the speedy publication of all statute laws, and 
of such judicial decisions made within the state, as may be deemed 
expedient. And no general law shall be in force until published. 

H 



162 WISCONSIN AND THE NATION. 

Sec. 22.— Revision of Code.— The legislature, at its first 
session after the adoption of this constitution, shall provide for the 
appointment of three commissioners, whose duty it shall be to in- 
quire into, revise, and simplify the rules of practice, pleadings, 
forms, and proceedings, and arrange a system adapted to the 
courts of record of this state, and report the same to the legisla- 
ture, subject to their modification and adoption; and such commis- 
sion shall terminate upon the rendering of the report, unless other- 
wise provided by law. 

Sec. 23. — Court Commissioners. — The legislature may 
provide for the appointment of one or more persons in each or- 
ganized county, and may vest in such persons such judicial powers 
as shall be prescribed by law. Provided, That said, power shall 
not exceed that of a judge of the circuit court at chambers. 



ARTICLE VIII. 

FINANCE. 

Section 1. — Uniform Taxation. — The rule of taxation 
shall be uniform, and taxes shall be levied upon such property as 
the legislature shall prescribe. 

Sec. 2.— Appropriations — [No money shall be paid out of the treasury 
except in pursuance of an appropriation by law.] See Amendment. 

Sec 3.— Credit of State.-— The credit of the state shall 
never be given or loaned in aid of any individual, association, or 
corporation. 

Sec. 4.— Contracting" Debts.— The state shall never con- 
tract any public debt, except in the cases and manner herein pro- 
vided. 

Sec. 5.— Annual Tax.— The legislature shall provide for an 
annual tax sufficient to defray the estimated expenses of the state 
for each year; and whenever the expenses of any year shall ex- 
ceed the income, the legislature shall provide for levying a tax for 
the ensuing year, sufficient, with other sources of income, to pay 
the deficiency, as well as the estimated expenses of such ensuing 
year. 



WISCONSIN AND THE NATION. 163 

Sec. 6.— Limitation on State Debts.— For the purpose 
of defraying extraordinary expenditures, the state may contract 
public debts; but such debts shall never, in the aggregate, exceed 
one hundred thousand dollars. Every such debt shall be author- 
ized by law, for some purpose or purposes to be distinctly specified 
therein ; and the vote of a majority of all the members elected to each 
house, to be taken by yeas and nays, shall be necessary to the pass- 
age of such law; and every such law shall provide for levying an 
annual tax sufficient to pay the annual interest of such debt, and 
the principal within five years from the passage of such law, and 
shall specially appropriate the proceeds of such taxes to the pay- 
ment of such principal and interest; and such appropriation shall 
not be repealed, nor the taxes be postponed or diminished, until the 
principal and interest of such debt shall have been wholly paid. 

Sec 7. — War Debts. — The legislature may also borrow 
money to repel invasion, suppress insurrection, or defend the state 
in time of war; but the money thus raised shall be applied exclu- 
sively to the object for which the loan was authorized or to the 
repayment of the debt thereby created. 

Sec 8 — Vote on Fiscal Bills. — On the passage in either 
house of the legislature, of any law which imposes, continues or 
renews a tax, or creates a debt or charge, or makes, continues or 
renews an appropriation of public or trust money, or releases, dis- 
charges or commutes a claim or demand of the state, the question 
shall betaken by yeas and nays, which shall be duly entered on the 
journal; and three-fifths of all the members elected to such house 
shall in all such cases be required to constitute a quorum therein. 

Sec 9.— Evidences of Debt. — No scrip, certificate or other 
e idence of state debt whatsoever, shall be issued, except for such 
debts as are authorized by the sixth and seventh sections of this 
article. 

Sec. 10.— Internal Improvements. — The state shall never 
contract any debt for works of internal improvement, or be a party 
in carrying on such works; but whenever grants of land or other 
property shall have been made to the state, especially dedicated by 
the grant to particular works of internal improvement, the state 
may carry on such particular works, and shall devote thereto the 
avails of such grants, and may pledge or appropriate the revenues 
derived from such works in aid of their completion. 



164 WISCONSIN AND THE NATION. 

ARTICLE IX. 

EMINENT DOMAIN AND PROPERTY OP THE STATE. 

Section 1. — Jurisdiction on Rivers, etc. — The state shall 
have concurrent jurisdiction on all rivers or lakes bordering on 
this state, so far as such rivers or lakes shall form a common 
boundary to the state, and any other state or territory now or here- 
after to be formed and bounded by the same. And the river Missis- 
sippi and the navigable waters leading into the Mississippi and 
St. Lawrence, and the carrying places between the same, shall be 
common highways, and forever free, as well to the inhabitants of 
the state as to the citizens of the United States, without any tax, 
impost, or duty therefor. 

Sec 2.— Territorial Property.— The title of all lands and 
other property, which have accrued to the territory of Wisconsin, 
by grant, gift, purchase, forfeiture, escheat or otherwise, shall vest 
in the state of Wisconsin. 

Sec 3. — Escheats. — The people of the state, in their right of 
sovereignty, are declared to possess the ultimate property in and 
to all lands within the jurisdiction of the state; and all lands, 
the title to which shall fail from a defect of heirs, shall revert 
or escheat to the people. 

ARTICLE X. 

EDUCATION. 

Section 1. — State Superintendent.— The supervision of 
public instruction shall be vested in a state superintendent, and such 
other officers as the legislature shall direct. The state superin- 
tendent shall be chosen by the qualified electors of the state, in 
such manner as the legislature shall provide; his powers, duties 
and compensation shall be prescribed by law. Provided, That his 
compensation shall not exceed the sum of twelve hundred dollars 
annually. 

Sec 2.— School Fund.— The proceeds of all lands that have 
been or hereafter may be granted by the United States to this 
state, for educational purposes (except the lands heretofore 



WISCONSIN AND THE NATION. 165 

granted for the purposes of a university), and all moneys, and the 
clear proceeds of all property, that may accrue to the state by for- 
feiture or escheat, and all moneys which may be paid as an equiva- 
lent for exemption from military duty, and the clear proceeds of all 
fines collected in the several counties for any breach of the penal 
laws, and all moneys arising from any grant to the state where the 
purposes of such grant are not specified, and the five hundred thou- 
sand acres of land to which the state is entitled by the provisions of 
an act of congress, entitled " An act to appropriate the proceeds of 
the sale of public lands, and to grant pre-emption rights," ap- 
proved the fourth day of September, one thousand eight hundred 
and forty-one, and also the five per centum of the net proceeds of the 
public lands to which the state shall become entitled on her ad- 
mission into the Union (if congress shall consent to such appro- 
priation of the two grants last mentioned), shall be set apart as a 
separate fund, to be called the school fund, the interest of which, 
and all other revenues derived from the school lands, shall be ex- 
clusively applied to the following objects, to-wit: 

1. To the support and maintenance of common schools in each 
school district, and the purchase of suitable libraries and appar- 
atus therefor. 

2. The residue shall be appropriated to the support and main- 
tenance of academies and normal schools, and suitable libraries 
and apparatus therefor. 

Sec. 3— District Schools. — The legislature shall provide 
by law for the establishment of district schools, which shall be as 
nearly uniform as practicable, and such schools shall be free and 
without charge for tuition to all children between the ages of four 
and twenty years, and no sectarian instruction shall be allowed 
therein. 

Sec. 4.— Annual School Tax.— Each town and city shall be 
required to raise, by tax, annually, for the support of common 
schools therein, a sum not less than one-half the amount received 
by such town or city respectively for school purposes, from the in- 
come of the school fund. 

Sec 5. — School Fund. — Provision shall be made by law for 
the distribution of the income of the school fund among the sev- 
eral towns and cities of the state, for the support of common 



166 WISCONSIN AND THE NATION. 

schools therein, in some just proportion to the number of children 
and youth resident therein, between the ages of four and tweuly 
years, and no appropriation shall be made from the school fund to 
any city or town for the year in which said city or town shall fail 
to raise such tax, nor to any school district for the year in which a 
school shall not be maintained at least three months. 

Sec. 6. — State University. — Provision shall be made by law 
for the establishment of a state university, at or near the seat of state 
government, and for connecting with the same, from time to time, 
such colleges in different parts of the state as the interests of edu- 
cation may require. The proceeds of all lands that have been or 
may hereafter be granted by the United States to the state for the 
support of a university, shall be and remain a perpetual fund to 
be called the " University Fund," the interest of which shall be 
appropriated to the support of the state university, and no sectarian 
instruction shall be allowed in such university. 

Sec. 7.— School and University Land Commissioners. 

— The secretary of state, treasurer and attorney-general shall con- 
stitute a board of commissioners for the sale of the school and uni- 
versity lands and for the investment of the funds arising therefrom. 
Any two of said commissioners shall be a quorum for the trans- 
action of all business pertaining to the duties of their office. 

Sec. 8.— Sale of School and University Lands.— Pro- 
vision shall be made by law for the sale of all school and unrv\ r- 
sity lands, after they shall have been appraised, and when any 
portion of such lands shall be sold, and the - purchase money shall 
not be paid at the time of the sale, the commissioners shall take 
security by mortgage upon the land sold for the sum remaining 
unpaid, with seven per cent, interest thereon, payable annually at 
the office of the treasurer. The commissioners shall be authorized 
to execute a good and sufficient conveyance to all purchasers of 
such lands and to discharge any mortgages taken as security, when 
the sum due thereon shall have been paid. The commissioners 
shall have power to withhold from sale any portion of such lands 
when they shall deem it expedient, and shall invest all moneys 
arising from the sale of such lands, as well as all other university 
and school funds, in such manner as the legislature shall provide, 
and shall give such security for the faithful performance of their 
duties as may be required by law. 



WISCONSIN AND THE NATION. 16*7 

ARTICLE XL 

CORPORATIONS. 

Section 1.— Formation of Corporations.— Corporations 
without banking powers or privileges may be formed under general 
laws, but shall not be created by special act, except for municipal 
purposes, and in cases where, in the judgment of -the legislature, 
the objects of the corporation cannot be attained under general 
laws. All general laws or special acts enacted under the provisions 
of this section may be altered or repealed by the legislature at 
any time after their passage. 

Sec. 2.— Taking of Private Property.— No municipal 
corporation shall take private property for public use against the 
consent of the owner, without the necessity thereof being first 
established by the verdict of a j ury. 

Sec. 3.— Organization of Cities and Villages.— [It shall be the duty of 
the legislature, and they are hereby empowered, to provide for the organiza- 
tion of cities and incorporated Tillages, and to restrict their power of taxation, 
assessment, borrowing money, contracting debts, and loaning their credit, so 
as to prevent abuses in assessments and taxation, and in contracting debts by 
such municipal corporations.]— See Amendment. 

Sec 4. — Banks. — The legislature shall not have power to 
create, authorize, or incorporate, by any general or special law, any 
bank or banking power or privilege, or any institution or corpo- 
ration, having any banking power or privilege whatever, except as 
provided in this article. 

Sec 5.— Vote on Question of Banks.— The legislature 
may submit to the voters at any general election, the question of 
'bank or no bank," and if at any such election a number of votes 
equal to a majority of all the votes cast at such election on that 
subject shall be in favor of banks, then the legislature shall have 
power to grant bank charters, or to pass a general banking law, 
with such restrictions, and under such regulations as they may 
deem expedient and proper for the security of the bill holders. 
Provided, That no such grant or law shall have any force or effect 
until the same shall have been submitted to a vote of the electors 
of the state at some general election, and been approved by a 
majority of the votes cast on that subject at such election. 



168 WISCONSIN AND THE NATION. 

ARTICLE XII. 

AMENDMENTS. 

Section 1. — How Amended. — Any amendment or amend- 
ments to this constitution may be proposed in either house of the 
legislature, and if the same shall be agreed to by a majority of the 
members elected to each of the two houses, such proposed amend- 
ment or amendments shall be entered on their journals with the 
yeas and nays taken thereon, and referred to the legislature to be 
chosen at the next general election, and shall be published for 
three months previous to the time of holding such election. And 
if in the legislature so next chosen, such proposed amendment or 
amendments shall be agreed to by a majority of all the members 
elected to each house, then it shall be the duty of the legislature 
to submit such proposed amendment or amendments to the people, 
in such manner and at such time as the legislature shall prescribe, 
and if the people shall approve and ratify such amendment or 
amendments by a majority of the electors voting thereon, such 
amendment or amendments shall become part of the constitution. 
Provided, That if more than one amendment be submitted, they 
shall be submitted in such manner that the people may vote for or 
against such amendments separately. 

Sec. 2. — Constitutional Convention. — If at any time a ma- 
jority of the senate and assembly shall deem it necessary to call a 
convention to revise or change this constitution, they shall recom- 
mend to the electors to vote for or against a convention at the next 
election for members of the legislature; and if it shall appear that 
a majority of the electors voting thereon have voted for a con- 
vention, the legislature shall at its next session provide for calling 
such convention. 

ARTICLE XIII. 

MISCELLANEOUS PROVISIONS. 

Section l.— Political Year — General Election — [The political year for 
the state of Wisconsin shall commence on the first Monday in January in each 
year, and the general election shall he hold en on the Tuesday succeeding the 
first Monday in November in each year.] See Amendment. 

Sec 2.— Duelists. — Any inhabitant of this state who may 
hereafter be engaged, either directly or indirectly, in a duel, either 



WISCONSIN AND THE NATION. 109 

as principal or accessory, shall forever be disqualified as an 
elector, and from holding any office under the constitution and 
laws of this state, and may be punished in such other manner as 
shall be prescribed by law. 

Sec. 3.— Eligibility to Office.— No member of congress, 
nor any person holding any office of profit or trust under the 
United States (postmasters excepted), or under any foreign power; 
no person convicted of any infamous crime in any court within 
the United States; and no person being a defaulter to the United 
States, or to this state, or to any county or town therein, or to any 
state or territory within the United States, shall be eligible to any 
office of trust, profit or honor in this state. 

Sec. 4.— Great Seal.— It shall be the duty of the legislature 
to provide a great seal for the state, which shall be kept by the 
secretary of state, and all official acts of the governor, his 
approbation of the laws excepted, shall be thereby authenticated. 

Sec 5.— Voters Residing- on Indian Lands— All per- 
sons residing upon Indian lands within any county of the state, 
and qualified to exercise the right of suffrage under this con- 
stitution, shall be entitled to vote at the polls which may be held 
nearest their residence for state, United States or county officers. 
Provided, That no person shall vote for county officers out of the 
county in which he resides. 

Sec 6. — Legislative Officers. — The elective officers of the 
legislature, other than the presiding officers, shall be a chief clerk 
and a sergeant-at-arms, to be elected by each house. 

Sec 7. — Division of Counties. — No county with an area 
of nine hundred square miles or less, shall be divided or have any 
part stricken therefrom, without submitting the question to a vote 
of the people of the county, nor unless a majority of all the legal 
voters of the county voting on the question shall vote for the 
same. 

Sec 8.— County Seats, Removal of.— No county seat 
shall be removed until the point to which it is proposed to be 
removed, shall be fixed by law, and a majority of the voters of the 
county voting on the question shall have voted in favor of its 
removal to such a point. 



1*70 WISCONSIN AND THE NATION. 

Sec. 9.— County Officers, Election of.— All county 
officers, whose election or appointment is not provided for by this 
constitution, shall be elected by the electors of the respective 
counties, or appointed by the board of supervisors, or other county 
authorities as the legislature shall direct. All city, town and 
village officers, whose election or appointment is not provided for 
by this constitution, shall be elected by the electors of such cities, 
towns and villages, or of some division thereof, or appointed by such 
authorities thereof as the legislature shall designate for that 
purpose. All other officers whose election or appointment is not 
provided for by this constitution, and all officers whose offices may 
hereafter be created by law, shall be elected by the people, or 
appointed as the legislature may direct. 

Sec 10. — Vacancies in Office. — The legislature may declare 
the cases in which any office shall be deemed vacant, and also the 
manner of filling the vacancy where no provision is made for that 
purpose in this constitution. 

ARTICLE XIV. 

SCHEDULE. 

Section 1. — Change of Government.- That no inconven- 
ience may arise by reason of a change from a territorial to a 
permanent state government, it is declared that all rights, actions, 
prosecutions, judgments, claims and contracts, as well of 
individuals as of bodies corporate, shall continue as if no such 
change had taken place, and all such process which may be 
issued under the authority of the territory of Wisconsin previous 
to its admission into the Union of the United States, shall be as 
valid as if issued in the name of the state. 

Sec 2. — Territorial Laws in Force. — All laws now in 
force in the territory of Wisconsin, which are not repugnant to 
this constitution, shall remain in force until they expire by their 
own limitation, or be altered or repealed by the legislature. 

Sec 3 — Fines.— All fines, penalties or forfeitures accruing to 
the territory of Wisconsin, shall inure to the use of the state. 

Sec 4.— Actions, Processes, etc., to Continue. — All 

recognizances heretofore taken, or which may be taken before the 



WISCONSIN AND THE NATION. 1*71 

change from a territorial to a permanent s'ate government, shall 
remain valid, and shall pass to, and may be prosecuted in the name 
of the state, and all bonds executed to the governor of the 
territory, or to any other officer or court, in his or their official 
capacity, shall pass to the governor or state authority, and their 
successors in office, for the uses therein respectively expressed, 
and may be sued for and recovered accordingly; and all the estate 
or property, real, personal or mixed, and all judgments, bonds, 
specialties, choses in action, and claims or debts of whatever 
description, of the territory of Wisconsin, shall inure to and vest 
in the state of Wisconsin, and may be sued for and recovered in 
the same manner and to the same extent by the state of Wisconsin 
as the same could have been by the territory of Wisconsin. All 
criminal prosecutions and penal actions which may have arisen, or 
which may arise before the change from a territorial to a state 
government, and which shall then be pending, shall be prosecuted 
to judgment and execution in the name of the state. All offenses 
committed against the laws of the territory of Wisconsin, before 
the change from a territorial to a state government, and which 
shall not be prosecuted before such change, may be prosecuted in 
the name and by the authority of the state of Wisconsin, with like 
effect as though such change had not taken place; and all penalties 
incurred shall remain the same as if this constitution had not been 
adopted. All actions at law, and suits in equity, which may be 
pending in any of the courts of the territory of Wisconsin, at the 
time of the change from a territorial to a state government, may 
be continued and transferred to any court of the state which shall 
have jurisdiction of the subject-matter thereof. 

Sec. 5. — Officers to Hold Over. — All officers, civil and mil- 
itary, now holding their offices under the authority of the United 
States, or of the territory of Wisconsin, shall continue to hold and 
exercise their respective offices until they shall be superseded by 
the authority of the state. 

Sec. 6. — Seat of Government. — The first session of the leg- 
islature of the state of Wisconsin shall commence on the first 
Monday in June next, and shall be held at the village of Madison, 
which shall be and remain the seat of government until otherwise 
provided by law. 



1*72 WISCONSIN AND THE NATION. 

Sec. 7.— County Officers to Hold. — All county, precinct, 
and township officers shall continue to hold their respective offices, 
unless removed by the competent authority, until the legislature 
shall, in conformity with the provisions of this constitution, provide 
for the holding of elections to fill such offices respectively. 

Sec. 8.— Submission to the President and Congress. 

— The president of this convention shall, immediately after its ad- 
journment, cause a fair copy of this constitution, together with a 
copy of the act of the legislature of this territory, entitled "An act 
in relation to the formation of a state government in Wisconsin, 
and to change the time of holding the annual session of the legis- 
lature," approved October 27, 1847, providing for the calling of this 
convention, and also a copy of so much of the last census of the 
territory as exhibits the number of its inhabitants, to be forwarded 
to the president of the United States, to be laid before the congres3 
of the United States at its present session. 

Sec. 9.— Submission to the People.— This constitution 
shall be submitted at an election to be held on the second Monday 
in March next, for ratification or rejection, to all white male per- 
sons of the age of twenty-one years or upwards, who shall then be 
residents of this territory and citizens of the United States, or shall 
have declared their intention to become such in conformity with 
the laws of congress on the subject of naturalization; and all per- 
sons having such qualifications shall be entitled to vote for or 
against the adoption of this constitution, and for all officers first 
elected under it. And if the constitution be ratified by said 
electors, it shall become the constitution of the state of Wisconsin. 
On such of the ballots as are for the constitution, shall be written 
or printed the word, "yes;" and on such as are against the consti- 
tution, the word, " no." The election shall be conducted in the 
manner now prescribed by law, and the returns made by the clerks 
of the boards of supervisors or county commissioners (as the case 
may be) to the governor of the territory, at any time before the 
tenth of April next. And in the event of the ratification of this 
constitution, by a majority of all the votes given, it shall be the 
duty of the governor of this territory to make proclamation of the 
same, and to transmit a digest of the returns to the senate and as- 
sembly of the state, on the first day of their session. An election 



WISCONSIN AND THE NATION. 173 

shall be held for governor and lieutenant governor, treasurer, at- 
torney-general, members of the state legislature, and members of 
congress, on the second Monday of May next, and no other or 
further notice of such election shall be required. 

Sec. 10.— Congressional Districts.— Two members of con- 
gress shall also be elected on the second Monday of May next; and 
until otherwise provided by law, the counties of Milwaukee, Wau- 
kesha, Jefferson, Racine, Walworth, Rock and Green shall consti- 
tute the First congressional district, and elect one member; and the 
counties of Washington, Sheboygan, Manitowoc, Calumet, Brown, 
Winnebago, Fond du Lac, Marquette, Sauk, Portage, Columbia, 
Dodge, Dane, Iowa, La Fayette, Grant, Richland, Crawford, Chip- 
pewa, St. Croix and La Pointe shall constitute the Second con- 
gressional district, and shall elect one member. 

Sec 11.— First Election. — The several elections provided for 
in this article shall be conducted according to the existing laws of 
the territory. Provided, That no elector shall be entitled to vote, 
except in the town, ward or precinct where he resides. The re- 
turns of election, for senators and members of assembly, shall be 
transmitted to the clerk of the board of supervisors, or county com- 
missioners, as the case may be, and the votes shall be canvassed, 
and certificates of election issued, as now provided by law. In the 
First senatorial district, the returns of the election for senator shall 
be made to the proper officer in the county of Brown; in the Second 
senatorial district, to the proper officer in the county of Columbia; 
in the Third senatorial district, to the proper officer in the county of 
Crawford; in the Fourth senatorial district, to the proper officer in 
the county of Fond du Lac; and in the Fifth senatorial district, to 
the proper officer in the county of Iowa. The returns of the 
election for state officers and members of congress shall be certi- 
fied and transmitted to the speaker of the assembly, at the seat of 
government, in the same manner as the votes for delegate to con- 
gress are required to be certified and returned, by the laws of the 
territory of Wisconsin, to the secretary of said territory, and in such 
time that they may be received on the first Monday in June next; 
and as soon as the legislature shall be organized, the speaker of the 
assembly and the president of the senate shall in the presence of 



174 WISCONSIN AND THE NATION. 

both houses, examine the returns, and declare who are duly elected 
to fill the several offices hereinbefore mentioned, and give to each 
of the persons elected, a certificate of his election. 

Sec. 12.— [Is the first apportionment of the state into senate and assembly 
districts, and is omitted for obvious reasons.] 

Sec. 13.— Common Law in Force.— Such parts of the com- 
mon law as are now in force in the territory of Wisconsin, not in- 
consistent with this constitution, shall be and continue part of the 
law of this state until altered or suspended by the legislature. 

Sec. 14.— When to Assume Office.— The senators first 
elected in the even numbered senate districts, the governor, lieuten- 
ant governor, and other state officers first elected under this consti- 
tution, shall enter upon the duties of their respective offices on the 
first Monday of June next, and shall continue in office for one year 
from the first Monday of January next. The senators first elected 
in the odd numbered senate districts, and the members of the as- 
sembly first elected shall enter upon their duties respectively on 
the first Monday of June next, and shall continue in office until the 
first Monday in January next. 

Sec. 15. — Oath of Office. — The oath of office may be admin- 
istered by any judge or justice of the peace, until the legislature 
shall otherwise direct. 

We, the undersigned, members of the convention to form a con- 
stitution for the state of Wisconsin, to be submitted to the people 
thereof for their ratification or rejection, do hereby certify that the 
foregoing is the constitution adopted by the convention. 

In testimony whereof we have hereunto set our hands, at Mad- 
ison, the first day of February, A. D. eighteen hundred and forty- 
eight. MORGAN L. MARTIN, 

President of the Convention and Delegate from Brown County. 
Thos. McHugh, Secretary. 

Calumet — Green — 

G. W. Featherstonhaugh. James Biggs. 

Columbia — Iowa — 

James T. Lewis. Charles Bishop, 

Crawford— Stephen P. Hollenbeck, 

Daniel G. Fenton. Joseph Ward. 



WISCONSIN AND THE NATION. 



175 



Dane — 

William H. Fox, 
Charles M. Nichols, 
William A. Wheeler. 

Dodge — 

Stoddard Judd, 
Charles H. Larrabee, 
Samuel W. Lyman. 

Fond du Lac — 

Samuel W. Beall, 
Warren Chase. 

Grant — 

Orsamus Cole, 
George W. Lakin, 
Alexander D. Ramsey, 
William Richardson, 
John Hawkins Roundtree. 

Portage — 

William H. Kennedy. 

Racine — 

Albert G. Cole, 
Stephen A. Davenport, 
Andrew B. Jackson, 
Frederick S. Lovell, 
Samuel R. McClellan, 
James D. Reymert, *^^ 
Horace T. Sanders, 
Thedore Secor. 

Rock — 

Almerin M. Carter, 
Joseph Colley, 
Paul Crandall, 
Ezra A. Foot, 
Louis P. Harvey, 
Edward V. Whiton. 

Sheboygan — 

Silas Steadman. 



Jefferson — 

Jonas Folts, 

Milo Jones, 

Theodore Prentiss, 

Abram Vanderpool. 
La Fayette — 

Charles Dunn, 

John O'Connor, 

Allen Warden. 
Milwaukee — 

John L. Doran, 

Garrett M. Fitzgerald, 

Albert Fowler, 

Byron Kilbourn, 

Rufus King, 

Charles H. Larkin, 

MORITZ SCHOEFFLER. 

Walworth — 

Experience Estabrook, 
George Gale, 
James Harrington, 
Augustus C. Kinne, 
Hollis Latham, 
Ezra A. Mulford. 

Washington— 
James Fagan, 
Patrick Pentony, 
Harvey G. Turner. 

Waukesha— 

Squire S. Case, 
Alfred L. Castleman, 
Peter D. Gifford, 
Eleazor Root, 
George Scagel. 

Winnebago — 

Harrison Reed. 



11 Q WISCONSIN AND THE NATION. 



AMENDMENTS. 

ARTICLE I. 

[Section 8, as amended by a vote of the people at the general election, No- 
vember 8, 1870.] 

Section 8.— Criminal Offenses, etc.— No person shall be 
held to answer for a criminal offense without due process of law, 
and no person, for the same offense, shall be put twice in jeop- 
ardy of punishment, nor shall be compelled in any criminal case 
to be a witness against himself. All persons shall before convic- 
tion be bailable by sufficient sureties, except for capital off ens s 
when the proof is evident or the presumption great; and the privi- 
lege of the writ of habeas corpus shall not be suspended unless 
when in cases of rebellion or invasion the public safety may re- 
quire it. 

ARTICLE III. 

[Section l, as amended by a vote of the people at the general election, No- 
vember 7, 1882.] 

Section 1.— Who Are Qualified Electors.— Every male 
person of the age of twenty-one years or upwards belonging to 
either of the following classes who shall have resided within the 
state for one year next preceding any election, and in the election 
district where he offers to vote such time as may be prescribed by 
the legislature, not exceeding thirty days, shall be deemed a quali- 
fied elector at such election: 

1. Citizens of the United States. 

2. Persons of foreign birth who shall have declared their in- 
tention to become citizens conformably to the laws of the United 
States on the subject of naturalization. 

3. Persons of Indian blood who have once been declared by 
law of congress to be citizens of the United States, any subsequent 
law of congress to the contrary notwithstanding. 

4. Civilized persons of Indian descent not members of any 



WISCONSIN AND THE NATION. 177 

tribe; prodded, that the legislature may at any time extend bylaw 
the right of suffrage to persons not herein enumerated; but no 
such law shall be in force until the same shall be submitted to a 
vote of the people at a general election and approved by a majority 
of all the voles cast at such election; and provided further, that in 
incorporated cities and villages, the legislature may provide for 
the registration of electors and prescribe proper rules and regula- 
tions therefor. 

ARTICLE IV. 

[Sections 4, 5, 11, and 21, as amended by a vote of the people at the gen- 
eral election, November 8, 1881.] 

Section 4. — Election of Assemblymen. — The members of 
the assembly shall be chosen biennially, by single districts, on the 
Tuesday succeeding the first Monday of November after the adop- 
tion of this amendment, by the qualified electors of the several dis- 
tricts; such districts to be bounded by county, precinct, town or 
ward lines, to consist of contiguous territory, and to be in as com- 
pact form as practicable. 

Section 5.— Election of Senators.— The senators shall be 
elected by single districts of convenient contiguous territory, at 
the same time and in the same manner as members of the assem- 
bly are required to be chosen, and no assembly district shall be 
divided in the formation of a senate district. The senate districts 
shall be numbered in the regular series, and the senators shall be 
chosen alternately from the odd and even numbered districts. 
The senators elected, or holding over at the time of the adoption 
of this amendment, shall continue in office till their successors are 
duly elected and qualified; and after the adoption of this amend- 
ment, all senators shall be chosen for the term of four years. 

Section 11.— Meeting of Legislature.— The legislature 
shall meet at the seat of government at such time as shall be pro- 
vided by law, once in two years and no oftener, unless convened 
by the governor in special session, and when sc convened no busi- 
ness shall be transacted except as shall be necessary to accomplish 
the special purposes for which it was convened. 

Section 21. — Compensation. — Each member of the legisla- 
ture shall receive for his services, for and during a regular session 
the sum of five hundred dollars, and ten cents for every mile he 

12 



178 AVISCONSIN AND THE NATION. 

shall travel in going to and returning from the place of meeting 
of the legislature on the most usual route. In case of an extra 
session of the legislature, no additional compensation shall be al- 
lowed to any member thereof, either directly or indirectly, except 
for mileage, to be computed at the same rate as for a regular ses- 
sion. No stationery, newspapers, postage or other perquisite, ex- 
cept the salary and mileage above provided, shall be received from 
the state by any member of the legislature for his services, or in 
any other manner as such member. 

[Sections 31 and 32, as amended by a vote of the people at the general 
election, November 7, 1871, and amendment to section 31, adopted November 
8, 1892. 1 

Section 31. — Special Legislation. — The legislature is pro- 
hibited from enacting any special or private laws in the following 
cases: 1st. For changing the name of persons or constituting one 
person the heir-at-law of another. 2d. For laying out, opening 
or altering highways, except in cases of state roads extending into 
more than one county, and military roads, to aid in the construc- 
tion of which lands may be granted by congress. 3d. For author- 
izing persons to keep ferries across streams, at points wholly 
within this state. 4th. For authorizing the sale or mortgage of 
real or personal property of minors or others under disability. 5th. 
For locating or changing any county seat. 6th. For assessment 
or collection of taxes or for extending the time for collection 
thereof. 7th. For granting corporate powers or privileges, ex- 
cept to cities. 8th. For authorizing the apportionment of any 
part of the school fund. 9th. For incorporating any city, town or 
village, or to amend the charter thereof. 

Section 32.— General Laws.— The legislature shall provide 
general laws for the transaction of any business that may be pro- 
hibited by section thirty-one of this article, and all such laws shall 
be uniform in their operations throughout the state. 

ARTICLE V. 

[Sections 5 and 9, as amended by a vote of the people at the general elec- 
tion, November 2, 1869.] 

Section 5. — Compensation of Governor. — The governor 
shall receive during his continuance in office, an annual compen- 
sation of five thousand dollars, which shall be in full for all travel- 
ing or other expenses incident to his duties. 



WISCONSIN" AND THE NATION. 1*79 

Section 9.— Compensation of Lieutenant Governor. — 

The lieutenant governor shall receive during his continuance in 
office, an annual compensation of one thousand dollars. 

ARTICLE VI. 

[Section 4, as amended by a vote of the people at the general election, No- 
vember 7, 1882.] 

Section 4. — County Officers. — Sheriff s, coroners, registers 
of deeds, district attorneys, and all other county officers, except 
judicial officers, shall be chosen by the electors of the respective 
counties, once in every two years. Sheriffs shall hold no other 
office, and be ineligible for two years next succeeding the termina- 
tion of their offices; they may be required by law to renew their 
security from time to time, and in default of giving such new 
security their office shall be deemed vacant, but the county shall 
never be made responsible for the acts of the sheriff. The gov- 
ernor may remove any officer in this section mentioned, giving to 
such a copy of the charges against him and an opportunity of be- 
ing heard in his defense. All vacancies shall be filled by appoint- 
ment, and the person appointed to fill a vacancy shall hold only 
for the unexpired portion of the term to which he shall be ap- 
pointed and until his successor shall be elected and qualified. 



ARTICLE VII. 

[Section 4, as amended by a vote of the people at the general election, No- 
vember G, 1877.] 

Section 4.— Supreme Court.— [The supreme court shall consist of one 
chief justice and four associate justices, to be elected by the qualified electors of 
the state. The legislature shall, at its first session after the adoption of this 
amendment, provide by law for the election of two associate justices of said 
court, to hold their offices for terms ending two and four years respectively, 
after the end of the term of the justice of the said court then last to expire. 
And thereafter the chief justice and associate justices of the said court shall 
be elected and hold their offices respectively for the term of ten years.] See 
Amendment below. 

[Section 12, as amended by a vote of the people at the general election, 
November 7, 1882.] 

Section 12.— Clerks of Courts.— There shall be a clerk of 
the circuit court chosen in each county organized for judicial pur- 
poses by the qualified electors thereof, who shall hold his office for 



180 WISCONSIN AND THE NATION. 

two years, subject to removal as shall be provided by law; in case 
of a vacancy the judge of the circuit court shall have power to ap- 
point a clerk until the vacancy shall be filled by an election; the 
clerk thus elected or appointed shall give such security as the 
legislature may require. The supreme court shall appoint its own 
clerk and the clerk of the circuit court may be appointed a clerk 
of the supreme court. 

[Section 4, as amended by a vote of the people at an election 
April 2, 1802.] 

Section 4— Supreme Court. — The chief j ustice and associate 
justices of the supreme court shall be severally known as justices 
of said court with the same terms of office, respectively, as now 
provided. The supreme court shall consist of five justices (any 
three of whom shall be a quorum), to be elected as now provided. 
The justice having been longest a continuous member of the court 
(or in case of two or more of such senior justices having served for 
the same length of time, then the one whose commission first 
expires), shall be ex-officio the chief justice. 

ARTICLE VIII. 

[Section 2, as amended by a vote of the people at the general election, 
November 6, 1877.] 

Section 2.— Appropriations. — No money shall be paid out 
of the treasury, except in pursuance of an appropriation by law. 
No appropriation shall be made for the payment of any claim 
against the state, except claims of the United States and judgments, 
unless filed within six years after the claim accrued. 



ARTICLE XI. 

[Section 3, as amended by a vote of the people at the general election, 
November 3, 1874.] 

Section 3— Municipal Indebtedness.— It shall be the 
duty of the legislature, and they are hereby empowered to provide 
for the organization of cities and incorporated villages, and to 
restrict their power of taxation, assessment, borrowing money, 
contracting debts, and loaning their credit, so as to prevent abuses in 
assessments, and taxation, and in contracting debts by such 



WISCONSIN AND THE NATION. 181 

municipal corporations. No county, city, town, village, school 
district, or other municipal corporation, shall be allowed to become 
indebted in any manner or for any purpose, to any amount, 
including existing indebtedness, in the aggregate exceeding five 
per centum on the value of the taxable property therein, to be 
ascertained by the last assessment for state and county taxes, 
previous to the incurring of such indebtedness. Any county, city, 
town, village, school district, or other municipal corporation, 
incurring any indebtedness as aforesaid, shall, before or at the time 
of doing so, provide for the collection of a direct annual tax 
sufficient to pay the interest on said debt as it falls due, and also to 
pay and discharge the principal thereof within twenty years from 
the time of contracting the same. 

ARTICLE XIII. 

[Section l, as amended by a vote of the people at the general election, 
November 7, 1882.] 

Section 1.— Political Year.— Elections.— The political 
year for the state of Wisconsin shall commence on the first 
Monday in January in each year, and the general elections shall be 
holden on the Tuesday next succeeding the first Monday in 
November. The first general election for all state and county 
officers, except judicial officers, after the adoption of this amend- 
ment, shall be holden in the year A. D. 1884, and thereafter the 
general election shall be held biennially. All state, county or other 
officers elected at the general election in the year 1881, and whose 
term of office would otherwise expire on the first Monday of 
January in the year 1884, shall hold and continue in such office 
respectively, until the first Monday in January in the year 1885. 



182 WISCONSIN AND THE NATION. 



THK NATIONAL GOVERNMENT, 



CHAPTER I. 



INTRODUCTION. 



The Founding of Our Government. — It is neces- 
sary to a good understanding of the government of the 
United States, especially of its relations to the several 
states, that the student should constantly keep in mind 
the historical conditions at, and previous to, the time of the 
formation of the union. 

It will be remembered that the colonies were posses- 
sions of Great Britain, but deeming themselves imposed 
upon by that government, they united their forces and in 
a combined effort threw off the British yoke. 

The unwise course of Great Britain toward the colonies 
led to that correspondence, and, finally, to that union 
between them which has proved in a large measure the 
source of their power and prosperity. Having been accus- 
tomed, however, previous to the Revolution, to a separate 
existence, as each of the thirteen colonies had its distinct 
government, they still maintained a separate political exist- 
ence, yet united their counsels and resources for the com- 
mon defense and general welfare. 

From thejDromulgation of the Declaration of Independ- 
ence, IV 7 6, until the adoption of the Articles of Confed- 
eration, 1*781, the colonies maintained separate independent 



WISCONSIN AND THE NATION. 183 

governments. They were independent nations in every 
sense of the word, but combined their forces in opposition 
to their common enemy. 

The Continental Congress, made up of delegates sent 
from the various colonies — or nations — was the active 
agent of the league. It had only such authority as the 
delegates from the various states were authorized to grant. 
Because of the great necessities of the time, this congress 
exercised powers of a supreme national council. It 
declared the colonies free and independent states, raised 
armies, made treaties, and performed the highest acts of 
sovereign authority. 

All this was done without any express delegation of 
power to the congress, but with the implied sanction of the 
colonies, who acquiesced in, and approved of the pro- 
ceedings. 

The Articles of Confederation attempted to form a per- 
manent league of the colonies and to prescribe the powers 
of congress, but each state retained every power and right 
not expressly delegated to congress, and thus no coercive 
power was granted congress under the confederation. 
Congress might declare war, but it depended upon the 
states to raise an army and navy; it could make treaties, 
but it depended upon the states whether the treaties should 
be observed; it could contract debts, and again it depended 
upon the states whether the debts should be paid. In 
fact, the government under the Articles of Confederation 
possessed, in reality, only the power of recommendation. 

Said Washington: "In a word, the confederation 
appears to me to be little more than a shadow without the 
substance, and congress a nugatory body, their ordinances 
being little attended to." 

The imperfection of the confederation resulted in the 
formation of the union. 



1.84 WISCONSIN AND THE NATION. 

The Federal Constitution. — The constitution of 
the United States is a formal document which was care- 
fully studied and reduced to writing with the express pur- 
pose of making it exact and certain, and within the 
knowledge of all. 

The constitutions of the various states are also written. 
The constitution is the fundamental, the organic, the 
supreme law of the United States. It sets forth in writing 
the principles upon which the government is founded, the 
powers and duties of its respective departments, and the 
general manner in which its laws shall be formulated and 
administered. 

Mr. Brice, in his "American Commonwealth," says of 
our constitution, ' ' After all deductions it ranks above 
every other written constitution for the intrinsic excellence 
of its scheme, its adaptation to the circumstances of the 
people, the simplicity, brevity and precision of its lan- 
guage, its judicious mixture of definiteness in principle, 
with elasticity in details." 

Mr. Ames said in the Massachusetts convention of 1788, 
' ' Considered merely as a literary performance, the consti- 
tution is an honor to our country. Legislators have at 
length condescended to speak the language of philosophy. " 

The Union of the States. — Our present national 
government, then, was formed by a union of the thirteen 
states which, previous to the constitution, were independ- 
ent nations. 

The constitution defines the terms upon which this 
union was formed. 

Previous to the constitution the sovereign, the national 
power was in the various states, or the people of the states, 
each state maintaining a separate sovereignty. 

Upon the formation of the union the several states 



WISCONSIN AND THE NATION. 185 

yielded up to the United States certain powers, a part of 
this sovereignty, and the constitution is the contract which 
grants these powers to the general government. 

The United States, therefore, has only such powers as 
the constitution gives it, while the states have all powers 
not prohibited them by the constitution, either expressly 
or by implication. 

State Rights. — The United States is a commonwealth 
of commonwealths, a republic of republics, a state com- 
posed of many states. 

A vital question for determination has, therefore, been 
— what rights has the national government and what rights 
have the state governments. 

Some have thought the state paramount to the union. 
Some have considered that a state, although it had yielded 
up its sovereignty, might assume it again, should it be- 
come dissatisfied and desire to withdraw from the union. 

But the better and commonly accepted view is, espe- 
cially since the civil war, that at the formation of the union 
it was the intention to establish a nation, the primary prin- 
ciple of which is its right to maintain its own existence. 
Self-preservation is nature's first law. 

Nations necessarily have the right to put down rebel- 
lions or dissensions from within, as well as defend from 
enemies from without, its own borders. The United 
States, therefore, has all powers necessary to maintain its 
national existence, and the states have no sovereignty 
which will interfere with the exercise of this right by the 
federal government. 

No state, therefore, has the right to secede from the 
union. A state cannot exercise any of the powers which 
the constitution prohibits it from exercising, either ex- 
pressly or by necessary implication. 



186 WISCONSIN AND THE NATION. 

A state may do, however, any act which the constitu- 
tion does not expressly or by necessary implication pro- 
hibit it from doing. 

The Preamble. — The purposes for which the gov- 
ernment of the United States was established are declared 
in the preamble to the constitution to have been : To form 
a more perfect union, insure domestic tranquility, provide 
for the common defense, promote the general welfare, and 
secure the blessings of liberty to themselves and their pos- 
terity. 

The constitution is consequently to be interpreted with 
these purposes in view as an ultimate end. The preamble 
serves as a key, therefore, to its interpretation. 

The Divisions of Government. — The government 
of the United States is composed of three branches, the 
legislative, executive and judicial, each of which has its 
separate duties to perform. The purpose of this division 
is to prevent any one department from exercising too much 
power, which might result in abuse. 

Their Duties. — It is the duty of the legislative de- 
partment to make the laws; of the executive department 
to administer and enforce the law, and of the judicial de- 
partment to determine what the law is in cases which prop- 
erly come before it. Thus no one department has exclu- 
sive power, and each acts as a check upon the other two. 




v> <— i o 

_: 1 • 



M o A F p WISCONSIN 

SHOWING 

Congressional Districts 
apportionment 1891 

WITH POPULATION 




Total, 1,686,880 



WISCONSIN AND THE NATION. 187 



CHAPTER II. 

THE LEGISLATIVE DEPARTMENT. 

Congress. — The legislative powers of the United 
States are vested by the constitution in congress, which is 
composed of two legislative bodies, the senate and the 
house of representatives. As no measure can become a 
law without the consent of both houses, one acts as a check 
upon the other, and prevents rash and impolitic legislation. 

It is the policy of the government not only to have the 
two legislative bodies, but to have them as dissimilar as 
possible. Thus the length of the terms of office, the 
qualifications and manner of election are different in the 
two houses, so that they, as far as possible, may be 
prompted to act by proper motives and not by mere politi- 
cal or selfish influences. 

THE HOUSE OF REPRESENTATIVES. 

Election of Representatives. — The representatives 
of the United States are elected for a term of two years 
by the qualified electors of the state from which they are 
chosen. [At present the states are divided into congres- 
sional districts, as many in each state as the number of 
representatives to which the state is entitled, and one 
representative is elected from each district to represent 
that district.] 

They Represent the People. — Thus it is seen that 
each representative will be qualified to guard closely the 
interests of the small district from which he comes. His 



188 WISCONSIN AND THE NATION. 

re-election will depend upon how closely he watches and 
aids, or retards, legislation which will affect the people 
whom he represents. The short term of office makes it 
possible for the people to keep their representatives well 
under control. The house of representatives, therefore, 
represents the people. The representatives are, however, 
subject to the influence of the public mind, and are liable 
to be carried away by popular excitement and prejudices, 
but we will see later on that this danger is guarded against 
in the senate. 

Qualifications of Representatives. — No person 
can be a representative who has not attained the age of 
twenty-five years, and been seven years a citizen of the 
United States, and an inhabitant of the state from which 
he is chosen at the time of his election. Thus a foreigner 
cannot become qualified until he has been naturalized 
(which requires a residence of five years) and lived in the 
United States seven years thereafter. This serves to guard 
against foreign influence in congress. 

Number of Representatives. — The number of 
representatives is not to exceed one for every thirty 
thousand population, but each state is entitled to at least 
one. They are apportioned among the several states in 
proportion to the population. The census of the United 
States is therefore taken every ten years, beginning with 
the year 1790. The apportionment is made according to the 
census. 

Each of the organized territories of the United States is 
allowed to send a delegate to the house of representatives; 
he is privileged to address the house, but is not allowed to 
vote. 

[At present (1897) the state of Wisconsin is allowed 
ten representatives in congress.] 



WISCONSIN AXI) THE NATION. 189 

Vacancies.— It is the <luty of the state executive to 
call a special election to fill any vacancy which may occur 
in any congressional district in the state. 

the SEXATE. 

How Chosen. — The United States senate is made 
up of two senators from each state. They are chosen by 
a joint vote of the two branches of the state legislature, 
and hold their office for a term of six years. The senate 
is so divided that about one-third of its membership go 
out of office every two years, when the positions of the 
retiring senators are filled by new elections. Two sena- 
tors from any one state are never in the same group. 

State Representatives. — Thus it will be noticed 
that one state has the same number of votes in the senate 
as any sister state, regardless of size or population. Rhode 
Island has two votes in the United States senate as well as 
New York, although there is a great difference in their pop- 
ulation. 

The idea is that the senators represent the states and 
one state has the same interest and rights in the general 
government as another state. The same reasoning prob- 
ably accounts for their being elected by the state legis- 
lature, and not by the people as are the representatives. 

Qualifications of Senators. — The qualifications of 
members of the senate differ somewhat from the qualifica- 
tions essential to membership in the house. No person 
can be a senator who has not attained the age of thirty 
years, and been nine years a citizen of the United States, 
and who is not, when elected, an inhabitant of the state from 
which he is chosen. 

Thus the manner of election, length of the term of 



190 WISCONSIN AND THE NATION. 

office, and qualifications, all tend to make the United 
States senate a conservative body, which is largely freed 
from the influence of public sentiment. 

Vacancies. — If vacancies happen in the senate by 
death, resignation, or for any other cause, at a time when 
the legislature of the state to which such member belongs 
is not in session, the executive (governor) thereof may 
make temporary appointments until the next meeting of 
the state legislature, which must then fill such vacancy. 

President of the Senate.— The vice-president of 
the United States is president of the senate, but as he is 
not properly a senator, he has no vote unless the senators 
are equally divided. 



WISCONSIN AND THE NATION. 191 



CHAPTER III. 

THINGS COMMON TO BOTH HOUSES OF CONGRESS. 

Officers. — With the exception of the president of the 
senate, vice-president of the United States, each house 
chooses its own officers, such as president pro tempore, who 
is the presiding officer of the senate in the absence of the 
vice-president; the speaker of the house, who holds a 
similar position in that body, and the inferior officers, as 
sergeant-at-arms, clerks, etc., of either house. 

Impeachment. — Impeachment is merely an accusa- 
tion. The constitution gives the house of representatives 
the sole power of bringing this accusation or impeachment. 
The officers liable to impeachment are the president, vice- 
president, and all the civil officers of the United States. 
The offences for which they may be impeached are treason, 
bribery, or other high crimes or misdemeanors. Officers 
of the army and navy are not subject to impeachment, not 
being " civil officers." They are, however, subject to trial 
by court martial. In cases of impeachment the house of 
representatives prefers the charges against the officer and 
conducts the prosecution, while the United States senate 
acts as the judges or jurors in the case. In case of the 
impeachment of the president of the United States, the 
chief justice of the supreme court presides over the 
senate in place of the vice-president, as the latter officer, 
being interested, might not preside impartially. 

The judgment, in case of impeachment, requires a two- 



192 WISCONSIN AND THE NATION. 

thirds vote of the senate to convict, and the punishment, 
in case of conviction, consists of nothing further than 
removal from office and disqualification to hold and enjoy 
any office of honor, trust or profit under the United States. 
One convicted in the impeachment trial, however, is liable 
to a separate trial and punishment by a court of law for 
the same offence. The impeachment trial is a political 
trial only. 

Sessions of Congress — The constitution provides 
that congress must meet at least once in every year, and 
such meeting must be on the first Monday in December, 
but congress has power to appoint a different day by 
law. 

The president, however, is authorized to convene con- 
gress, or either house thereof, in extra session on extraor- 
dinary occasions. 

Contested Seats. — Each house is judge of elections 
and qualifications of its own members. Often two or 
more candidates claim to be elected to the same seat in the 
senate or house, as the case may be, and the dispute is set- 
tled by the branch of congress to which they claim to be 
elected. 

Quorum. — Neither house can transact business unless 
a majority of its members are present, but a minority may 
adjourn from day to day, and may be authorized to com- 
pel the attendance of absent members. 

Rules of Procedure. — Each house may make rules 
and by-laws by which it shall be governed, may punish its 
members for improper conduct, and may expel one of its 
members by a two-thirds vote. 



WISCONSIN AND THE NATION. 193 

Publicity of Proceedings. — For the purpose of 
publicity each house is required to keep a record of its 
proceedings, which shall be published from time to time, 
excepting such parts as may, for the public good and safety, 
require secrecy. Ordinarily each house sits with open 
doors, and the public is at liberty to attend its meetings, 
and its proceedings are largely reported in the newspapers 
of the country, but congress may sit with closed doors. 
The senate holds what are called executive sessions, in 
which communications of a confidential nature from the 
president are read and considered. These relate to trea- 
ties with foreign countries, nominations to office, etc., and 
because of their secret nature the proceedings of such ses- 
sions are kept in a separate journal not open to the public. 

One fifth of the members present in either house may 
demand the yeas and nays on any question before the house. 
By this method is made public the way the various mem- 
bers vote on the question, and thus they are made more 
responsible to those who elect them — their constituents. 

Adjournments. — As the senators are elected for a 
term of six years, and so divided that one-third vacate 
their seats every two years, and as the representatives are 
elected for a term of two years, it may be said that the 
duration of congress is two years, or that every two years 
we have a new congress. 

Neither house, during the session of congress can ad- 
journ for more than three days without the consent of the 
other house. This prevents the peculiar circumstance 
which otherwise might happen, of one house holding a 
session and passing measures when there was no session of 
the other house to concur in such measures. 

In case the two houses cannot agree as to the time of 
adjournment, the president may adjourn them. 

13 



194 AVISCONSIN AND THE NATION. 

Compensation. — In order that those of limited means 
may afford to be members of congress, the constitution 
provides that the members shall receive a salary, which at 
present is five thousand dollars a year, payable monthly. 

If no salary were allowed, only the rich would be able 
to fill the position. 

Privileges of Members. — That legislative business 
may not be interrupted, senators and representatives are 
in all cases except treason, felony, and breach of the peace, 
exempt from arrest during their attendance at congress 
and in going to and returning from the same. 

To induce perfect freedom in debate, members are not 
to be questioned in any other place than in the legislative 
hall for anything they may say. In other words, they are 
not to be charged with libel or slander, or in any other way 
be made to account for anything said on the floor of either 
house. 

Disability of Members. — To prevent the creation of 
offices for corrupt and selfish motives, it is wisely provided 
that no senator or representative can, during the time for 
which he was elected, be appointed to any civil office under 
the authority of the United States, which has been created 
or the salary of which has been increased during such time; 
and similarly, no person can be a member of congress and 
at the same time hold any other office under the United 
States. 

The Making of Laws. — In general, all bills, resolu- 
tions and orders may become laws in three several ways. 
They may become laws by being passed by a majority vote 
of each house and approved by the president; or by being 
passed by a majority vote of each house and then remaining 
in the president's hands for ten days, exclusive of Sundays, 



WISCONSIN AND THE NATION. 195 

without either receiving his approval or veto; or by being 
passed by a majority vote of each house, vetoed by the 
president, and again being passed in the same order as 
before, by each house by a two-thirds vote. This last 
method is termed passing a bill over the president's veto. 
A resolution for the adjournment of congress is not sub- 
ject to the president's veto. 

There is only one restriction upon the liberty of either 
house to originate bills. The senate is not allowed to 
originate any bill for raising revenue, but it may amend 
revenue bills which originate in the house. The idea is 
that as the house is more nearly connected with the people, 
being their representative body direct, it will be less 
apt to originate burdensome measures of taxation. 



196 WISCONSIN AND THE NATION. 



CHAPTER IV. 

POWERS OF CONGRESS. 

General Observations. — We now come to a subject 
in the study of the constitution, or of the United States 
government, which probably is as difficult as any with 
which we have to deal. It will be well for the student to 
bear in mind the facts surrounding the adoption of the 
constitution, that he may more fully comprehend the rela- 
tions between the states of the Union and the general gov- 
ernment of the United States. 

The constitution was adopted ' ' in order to form a 
more perfect union." Before the constitution we had but 
a league of the thirteen colonies, bound together by the 
weak ' ' Articles of Confederation. " Each colony or state 
was a nation in itself, independent of the other twelve, 
and in no effectual way bound to unite with them in meas- 
ures of peace or war. The confederation was largely pow- 
erless. It could pass laws but w T as not empowered to 
enforce them. It could levy taxes to support armies for 
the common defense of the states, but could not collect 
them against the will of any state. 

The constitution, however, has changed all this, and at 
present the United States is by the constitution given all 
means necessary to enforce all laws which congress has a 
legal right to pass. 

It will be noticed from the above remark that congress 
has not unlimited power. Congress, or the United States, 
has only such powers as are given it by the constitution, 



WISCONSIN AND THE NATION. 19*7 

either expressly or by necessary implication. The United 
States has no more right to perform some act not granted 
to it by the constitution than has a state to perform an act 
which the constitution of the United States especially pro- 
hibits the state from doing. In other words, the United 
States can do nothing but what the constitution expressly 
or by necessary implication indicates that it may do, while 
the states may do anything, as far as the United States 
constitution is concerned which it is not prohibited in the 
constitution from doing. The constitution may be looked 
upon as a contract, an agreement between the general gov- 
ernment, the several states and the people, in which the 
United States is given certain powers and certain duties to 
perform and is prohibited from assuming others, and the 
states surrender those powers and duties to the United 
States, and are also prohibited themselves to assume cer- 
tain other powers. 

Taxation. — There are two principal methods of taxa- 
tion spoken of in the constitution. 

The direct tax is a tax upon specific property, as houses 
or lands, or upon the person; in the latter case it is called 
a capitation tax. These direct taxes cannot be levied unless 
the amount of such tax levied on each state is in proportion 
to the whole tax levied on all of the states as the popula- 
tion of the particular state considered is to the population 
of the whole number of states, according to the enumera- 
tion of the last preceding census. The income tax was 
declared illegal in 1895, because of its failure to comply 
with this provision. The second method is indirect taxa- 
tion, which is by way of duties, imposts and excises. 
Duties are taxes levied upon imported or exported goods. 
Imposts are taxes upon imported goods. 



198 AVISCONSIN AND THE NATION. 

Excises are inland taxes, such as a tax on the manufac- 
ture of liquors, cigars, etc. 

The constitution provides that congress shall have 
power to lay and collect taxes, duties, imposts and excises, 
but all duties, imposts and excises, must be uniform 
throughout the United States. 

It is further provided that no tax or duty shall be laid 
on goods exported from any state. The reason for this 
last restriction is readily seen, for if congress were allowed 
to levy such a tax, it might levy it alone on articles 
exported from a few, or only one, of the states; as if a tax 
be levied upon all tobacco exported from any state, only 
those states which grow tobacco would be taxed. 

May Borrow Money — It is readily seen that in 
time of war, or of financial difficulties in time of peace, it 
is absolutely necessary that some other means of raising 
money, for the time being, than taxation, should be avail- 
able. Thus it is provided that congress shall have the 
power to borrow money on the credit of the United States. 

Commercial Regulations. — That proper commer- 
cial regulations with foreign countries, and uniform regu- 
lations between the several states may be insured, it is pro- 
vided that congress shall have power to regulate commerce 
with foreign nations, and among the several states, and 
with the Indian tribes. 

Naturalization — Naturalization is the giving to for- 
eigners the rights and privileges of native citizens. As 
this should be uniform throughout the several states, con- 
gress is given power to establish uniform rules of natural- 
ization. 

The rules of naturalization prescribed by congress are: 



WISCONSIN AND THE NATION. 199 

The alien must have resided in the United States at 
least five years before he may become a citizen, and at 
least two years before he applies for citizenship he must 
have declared on oath or affirmation, before a state or 
United States court, his intention to become a citizen, and 
to renounce all allegiance to the government of which he 
is at the time a subject. Upon making his final applica- 
tion, after a residence of five years, he is required to take 
an oath or affirmation that he will support the constitution 
of the United States, and that he doth renounce and abjure 
all allegiance and fidelity to every foreign prince or state; 
and if he have any title of nobility in the kingdom or state 
from which he came, he must make an express renunciation 
of such title. 

Bankrupt Laws. — A bankrupt law is a law providing 
for the release or discharge of a debtor from the legal 
obligations to pay the full amount of his debts, usually 
upon a formal surrender of all his present property to 
trustees for the benefit of his creditors. In order that 
these laws may be uniform, congress is likewise empow- 
ered to enact laws on this subject. But unless congress 
enacts some such law which is in force and contrary to a 
similar state law, a state may enact a bankrupt law to 
operate within its own boundaries. Such state law must 
not be contrary to any national law on the subject. 

Money. — Money may be called a medium of exchange. 
It may, in addition to the above, be considered as a stand- 
ard of comparison of values as well. That commerce 
among the several states and with foreign nations may be 
facilitated as much as possible for the welfare of all, the 
constitution provides that congress shall have power to 
coin money, regulate the value thereof, and of foreign 



200 WISCONSIN AND THE NATION. 

coin, and fix the standard of weights and measures. It 
also prohibits the states from coining money or issuing 
"bills of credit" (paper money). Congress as yet has 
not seen fit to establish a uniform system of weights and 
measures of commodities; therefore we find the bushel, 
barrel, etc. , of grains and other products to differ among 
the various states. 

Counterfeiting. — As regards money, counterfeiting 
is the making of a base or false coin or bill to resemble the 
genuine for the purpose of defrauding the public. 

That our money may be kept genuine and free from 
counterfeit coins or bills, and that the public may be pro- 
tected from such frauds, congress is also empowered to 
provide for the punishment of those who counterfeit the 
securities (bills) and current coin of the United States, and 
very stringent laws have been passed for this purpose. 

The Postal System. — The authority vested in con- 
gress to establish "postoffices and post-roads" has resulted 
in the establishment of the Postoffice Department of the 
general government and mail service of almost wonderful 
proportions. 

The railroads of the country are by a special act of con- 
gress made post-roads, and at the present time do the 
greater part of the mail transportation. 

Copyrights. — By authority vested in that body by the 
constitution, congress has passed laws whereby the author 
of books, maps, charts and musical compositions, and the 
inventor and designer of prints, Cuts and engravings may 
have his work copyrighted and thus secure to himself the 
right to print, publish and sell the same, to the exclusion 
of all others, without his permission, for a period of twenty- 
eight years, with the privilege of renewal at the end of that 
time for fourteen years longer. 



WISCONSIN AND THE NATION. 201 

Patents. — Likewise, for the encouragement of inven- 
tions, congress is empowered to enact, and has enacted, 
laws securing to an inventor of a machine, or the discov- 
erer of any new and useful art, manufacture or composition 
of matter, the exclusive right to the manufacture and sale 
of such invention or discovery for the period of fourteen 
years, and this may be extended for seven years longer 
when shown that without the neglect or fault of the 
inventor the latter has not been adequately remunerated 
for the invention. This privilege is called a patent. 

Crimes on the Seas. — For the protection of our 
commerce on the seas and of citizens going abroad, con- 
gress is authorized to punish piracies and felonies commit- 
ted on the high seas, and offenses against the law of 
nations. 

Piracy is the crime of robbery committed on the sea. 
Felony is a general word without definite meaning, usually 
signifying the graver class of crimes; those punishable by 
death or imprisonment. 

The law of nations is that system of principles and 
usages which regulates their intercourse with one another, 
and which is recognized by all modern nations. Such are 
the rules prescribing the binding effect of treaties, national 
rights upon the seas, and the rights of ships and citizens 
in foreign ports and countries. 

War. — It is wisely provided in our government that 
congress alone can declare war. In case of actual or 
threatened invasion a state may defend itself, but in no 
case may a state institute a war, either against a foreign 
nation or a sister state. The reason for this is obvious. 
If the state were permitted to declare war, in many cases 
the state so declaring would be the only state which would 



202 WISCONSIN AND THE NATION. 

engage in the war, or the states might war among them- 
selves, or the united strength of all the states might not 
be available to contend with a common enemy. 

But war declared by congress carries with it the united 
strength of the whole Union. 

Letters of Marque and Reprisal — Letters of 
marque and reprisal are commissions issued by the govern- 
ment which permit individuals to seize goods and capture 
vessels belonging to foreign nations or citizens. They are 
often granted in time of war to injure the enemy, and are 
sometimes issued in time of peace to redress a wrong done 
either to a private citizen or the nation by some foreign 
nation when the latter neglects or refuses to make just 
compensation. The power to grant these letters is 
expressly conferred upon congress and as clearly denied to 
the several states, otherwise a single state by the unwar- 
ranted issue of these letters might involve the whole 
nation in war with a foreign nation. The property thus 
seized by these privateers is brought into port, condemned 
by judicial proceedings, and is usually divided, one-half 
going to the United States and the remainder to the cap- 
tors, but in certain difficult cases it all goes to the captors. 

The Army — The United States alone has the right 
to organize and maintain a standing army, but money for 
that use cannot be appropriated for a longer period than 
two years. Thus every new congress decides upon the size 
and support of the army of the nation. 

A distinction must be drawn between the army and 
militia. 

An army is an organized body of trained soldiers whose 
sole duty is such military service, while the militia is made 
up of citizens of the state, enrolled and trained to military 



WISCONSIN AND THE NATION. 203 

discipline, but who, under ordinary circumstances, pursue 
their civil occupations. The militia, although an organi- 
zation of the state, is yet subject to be called into the 
United States service by congress, and by a special act the 
president is authorized to call out the state militia to 
suppress insurrection or repel invasion. When so called 
they cease to be state militia and become national militia. 

The Navy. — Congress is likewise authorized to pro- 
vide and maintain a navy, and to make all rules and regu- 
lations for the government of the same as well as for the 
army. 

The District of Columbia. — Congress has com- 
plete and exclusive jurisdiction of the District of Colum- 
bia, makes all of its laws aud provides for their enforce- 
ment. The district, therefore, has no government of its 
own. It is not a state nor a territory, nor have its citizens 
the right to representation in congress, or to vote for pres- 
ident or vice-president. 

Likewise congress has a similar jurisdiction over land 
purchased by the consent of the legislature of the state in 
which the land lies, for the erection of forts, arsenals, 
dockyards and other needful buildings. Similarly the in- 
habitants of such places cease to be citizens of the state 
and can exercise no civil or political rights under the laws 
of such state. The purchase does not change the charac- 
ter of the territory or the privileges of its citizens, how- 
ever, if the consent of the state legislature is not first ob- 
tained. 

Express and Implied Powers. — As has been al- 
ready observed, congress or the United States has only 
such powers as were granted to it by the people in the 



204 WISCONSIN AND THE NATION. 

constitution. This, however, does not mean that congress 
has no powers but those named by special grant in the con- 
stitution. The constitutional grants of powers to the 
United States, or its congress, are of two kinds: Those 
granted by express terms and those granted by necessary 
implication. Not a few of the powers of the general 
government are such as must have been intended by the 
f ramers of the constitution, and are thus granted by neces- 
sary implication. Therefore, when any power is granted 
to congress there is granted along with that power, by 
necessary implication, the power to adopt such means as 
are not especially prohibited, which it may deem proper 
for the due execution of the express grant. A wise dis- 
cretion is thus given congress to select the means by 
which it shall carry into effect the various powers granted 
to it. 

Concurrent Powers of State and Nation There 

are three classes of cases in which the power of legislation 
is exclusive in congress and therefore prohibited to the 
states: 

1, No state can legislate on any subject when the consti- 
tution has in express terms given to congress the exclusive 
power to legislate regarding that subject; 2, when the 
states are prohibited by the constitution to legislate as re- 
gards a subject and the power is given to congress; 3, 
when a power of legislation is granted to congress and a 
similar power, if exercised by the states, would be abso- 
lutely and totally repugnant. In all other cases the states 
may legislate concurrently with congress or, as in some 
cases, to the exclusion of congress. 



WISCONSIN AMD THE NATION. 205 



CHAPTER V. 

RESTRICTIONS ON THE POWERS OF CONGRESS. 

Immigration. — The constitution denied to congress 
the power to prohibit immigration or importation of any 
persons which any of the states thought proper to admit, 
prior to 1808; but allowed that congress might levy a tax, 
not to exceed ten dollars, on any person imported. 

Thus was raised the slavery question so early in our 
governmental history. This provision was inserted in the 
constitution by the influence of the slave states to the end 
that the slave trade should receive no blow from congres- 
sional legislation. No sooner had this prohibition expired, 
however, than a law was enacted totally prohibiting the 
importation of slaves, and in 1820 a law was passed pun- 
ishing the offense by death. 

The Writ of Habeas Corpus. — The term tor it, as 
here used, is an order or command of a court in writing, 
and the expression habeas corpus is a legal term w T hich 
means " you may have the body." By means of this writ, 
if one is illegally imprisoned or restrained of his liberty, 
he may be immediately allowed to show, before a judge, 
that such was the fact, and be forthwith released. For 
instance, if one were imprisoned without just cause, his 
attorney or friends should go before a judge and procure 
one of these writs, which will always be granted; but in 
time of war, as is hereafter shown, the prisoner may not 
always be released, even if improperly imprisoned. This 
writ commands the officer who has the prisoner in charge 



206 WISCONSIN AND THE NATION. 

to have him brought before the court, whereupon he 
is given his liberty unless sufficient cause for his retention 
is Shown. 

The privileges of this writ can never be suspended, ex- 
cept in time of rebellion or invasion, when the public 
safety may require it, and then only by congress. It is 
considered one of the great safeguards of liberty. When 
the prisoner is retained by United States authorities, or 
under the apparent authority of United States laws, the 
writ must issue from some United States court; when under 
state authority the writ must issue from a state court. In 
time of war it may be advisable to imprison suspected per- 
sons who are thought to be dangerous to the public safety, 
although the facts of guilt may not be actually known by 
those who secure the imprisonment of the person. 

Bill of Attainder. — Congress can pass no bill of 
attainder. A bill, of course, is a proposed law. Attain- 
der is the extinguishing of civil rights and capacities. 
Until recently the English parliament exercised the right 
of inflicting the punishment of death upon an individual 
(especially one convicted of treason) and in addition the 
corruption of blood, the effect of the latter being to con- 
fiscate his property to the state and deny to his children or 
heirs the rights of inheritance. These proceedings by par 
liament were without trial or means of defense, and were 
termed "bills of attainder." Because of this prohibition 
the property of one convicted of treason against the United 
States can only be forfeited during his lifetime, to return 
to his heirs at his death. A forfeiture for more than the 
lifetime of the traitor would work attainder, corruption of 
blood upon his heirs. 

Ex Post Facto Laws. — An ex post facto law is one 



WISCONSIN AND THE NATION. 207 

that makes an act which was done before the law was 
passed and which was innocent when done, a crime, or 
which makes the act a greater crime than it was when com- 
mitted. It is a criminal law and is retroactive, declaring 
that which was not a crime when done to be a crime because 
of this later law. Ex post facto laws relate only to crimes 
and not to civil proceedings; therefore a civil law might 
declare one liable pecuniarily because of an act done before 
the law was passed. 

No Preference to Ports. — No preference can be 
given by any regulation of commerce, or revenue, to the 
ports of one state over those of another; nor can vessels 
bound to or from one state be obliged to enter, clear or pay 
duties in another. 

The object of this is to prevent any advantage being 
gained by one state over another. The idea expressed in 
this clause arose because of the restrictions which England 
placed upon our commerce when we were subjects of that 
nation. 

Appropriations of Money.— No money can be 
withdrawn from the treasury but in pursuance of appro- 
priations made by congress, and as a further safeguard a 
regular statement of the receipts and expenditures of all 
public money must be kept and published from time to 
time. 

No Nobility. — Titles of nobility are not in harmony 
with the spirit of equality upon which our governmental 
system is builded. Therefore, it is provided that the 
United States can grant no such titles, and the states are 
likewise prohibited from doing so. 



208 WISCONSIN AND THE NATION. 

Gifts to Officers of the Lnited States That our 

public officers may be free from foreign influence the con- 
stitution prohibits any one who is an officer of the United 
States, from receiving any present, emolument, office, or 
title, of any kind whatever from any king, prince or for- 
eign state, without the consent of congress. 



WISCONSIN AND THE NATION. 209 



CHAPTER VI. 

RESTRICTIONS UPON THE STATES. 

Must be Expressed. — It is here well to observe that 
all restrictions of power to be found in the constitution 
are restrictions on the United States only, and not upon the 
states, unless the constitution expressly designates, or 
unless it must necessarily be implied that the restriction is 
upon the states. Thus the constitution provides that the 
writ of habeas corpus shall not be suspended unless when, 
in cases of rebellion or invasion, the public safety may 
require it. But as nothing is here said or implied as to 
the states, they, in their individual capacity, may suspend 
the writ, or abolish it altogether, provided their own state 
constitution will allow such a thing to be done. In other 
words, the states have all powers which the language of 
the constitution does not expressly, or by necessary impli- 
cation, deny to them. 

Thus the language, " No capitation or other direct tax 
shall be laid unless in proportion to the census," is a 
limitation upon congress only and is of no effect as to the 
states. They may levy direct taxes as their own law may 
provide. 

Cannot Make Treaties — The states are not allowed 
to make treaties or enter into any alliance or confederation. 
The reason for this is obvious. If the states were per- 
mitted to make treaties, or form alliances and confedera- 
tions, there would be no uniformity in our relations with 

14 



210 WISCONSIN AND TUB NATION. 

foreign nations. The various treaties would conflict; 
therefore, we find this prohibition upon the states. 

Not to Issue Letters of Marque and Reprisal — 
Letters of marque and reprisal are of such a hostile nature, 
as Ave have heretofore seen, that it was deemed wise to 
prohibit the states from issuing them. 

The Coinage of Money. — As lias been spoken of 
before, the states are not allowed to coin money. This 
was probably for the purpose of insuring a uniform system 
of money to be issued only by the United States, but in 
the next paragraph we shall see how the provision failed 
in effecting its purpose. 

Not to Issue Bills of Credit — Bills of credit of a 
state are bills issued by the state on its own credit for the 
purpose and with the intention of circulating them as 
money. These bills the states are not allowed to emit. 
But this provision, as well as the one above, failed to 
accomplish its object, for the states chartered private bank- 
ing corporations to do business within the state from which 
they received their charters, and among other things these 
banks were allowed to issue notes payable on demand at 
the bank issuing them. These notes circulated as money, 
and were valued according to the financial standing of the 
bank issuing them. They were very uncertain in value 
and were denominated "Wild Cal Money." "At times 
four hundred dollars in this money was insufficient to pur- 
chase a pair of boots." 

By recent legislation congress has practically pro- 
hibited this kind of money by placing a ten per cent tax 
upon all money issued by state banks. 

Gold and Silver as Legal Tender. -The states 



WISCONSIN AND THE NATION. 211 

are prohibited to make anything but gold and silver coin 
a legal tender for the payment of debts. 

Tims the states cannot force the circulation of paper 
money. The student a\ ill notice, however, that congress 
can make and has made various forms of money other than 
gold and silver coin legal tender. 

Money which is made a legal tender must he accepted 
for the payment of debts. 

No Bills of Attainder Ex Post Facto Laws. — 

The states as well as the United States are prohibited from 
passing bills of attainder and ex post facto laws. 

Such measures are so oppressive that the spirit of lib- 
erty of the American people refuses to allow them to either 
state or nation. 

Laws Impairing the Obligation of Contracts 

The states can pass no laws impairing the obligation of 
contracts, and as the United States is given no power to do 
so by the constitution, it also has no such right. A law 
which, in any material sense, changes a contract entered 
into by the parties to it, impairs its obligation and the law 
is void. Thus the contract would be impaired if the time 
of performance, conditions, rate of interest, or any other 
of its features, be changed by the law from what the con- 
tract itself imposed. ]5ut the contract is not considered 
impaired by a law which alters the method of its enforce- 
ment in the courts of law, or which shortens or changes in 
any way the time or manner of bringing suit to enforce the 
contract. 

Duties on Imports and Exports. — Without the 
consent of congress, no state can lay any duty on imports 
or exports, except what may be absolutely necessary for 
executing its inspection laws. It will be remembered that 



212 WISCONSIN AND THE NATION. 

congress is likewise prohibited from laying a duty on 
exports. 

With the consent of congress a state could lay a duty 
on either imports or exports. But it is provided that any 
such duty when levied by the consent of congress shall be 
paid into the treasury of the United States. 

Inspection laws are laws to prevent the shipping into 
or out of the state of diseased meats, animals, or persons, 
or anything dangerous to commerce. A slight duty is 
therefore alloAved to defray the expenses of the examination 
of certain articles imported into or exported from the state. 
The object of this prohibition is to confine to congress the 
power to lay duties on imports that the system may be 
uniform throughout the various states, and to prevent the 
coast states taxing the commerce which passes through 
their ports to or from the states in the interior. 

Tonnage. — No state can, without the consent of con- 
gress, lay any duty of tonnage. 

Tonnage duty, as used in the constitution, refers to a 
charge upon ships for entering or trading in or making 
other use of a harbor, estimated according to the tonnage 
or size of the ship. The reason for prohibiting the states 
to make tonnage charges is the same as was given for the 
prohibition of the states to lay imposts, namely, that the 
commerce of the whole country may be uniformly under 
the control of congress ; that all duties may be uniform 
throughout the several states, and that the states having 
harbors may not tax goods necessarily passing by way of 
such harbors to the states in the interior of the country. 

A state may, however, enact laws regulating and pro- 
viding for wharf and pilot charges. 

Troops and War Ships. — The states are prohibited 
to keep troops or ships of war in time of peace. 



WISCONSIN AND THE NATION. 213 

The theory of the constitution is to allow to the nation 
alone the privilege of keeping standing armies. The 
general government is under obligation to protect the states 
from invasion or rebellion, and the ability of the United 
States to do this is thought to be sufficient. Large stand- 
ing armies usually prove dangerous to republican govern- 
ments. Much more would be the clanger were each of the 
states to maintain such an army. The same might be said 
of ships of war. 

This provision has no reference to the state militia 
which the states are permitted to maintain. 

Agreements with Other States, or Nations. — 

No state can enter into any agreement or compact with 
another state, or with a foreign power, without the consent 
of congress. 

We have already seen that the states can make no 
treaties, alliances, or confederations. This last prohibition, 
therefore, completely closes the door upon the states, 
preventing them from maintaining any political or civil 
relations with the other states, or with foreign govern- 
ments, without the consent of congress. 

Such agreements are purely national, and therefore are 
reserved to the United States. 

Prohibited from Waging War. — The states can- 
not engage in war without the consent of congress, unless 
the state is actually invaded or in such imminent danger 
as will not admit of delay. 

War is for nations alone to engage in and not for parts 
of nations, as one of the states. Congress alone has power 
to declare war. If it were otherwise, a single state might, 
by its folly, involve the whole nation in innumerable wars 
of great consequence. 



214 WISCONSIN AND THE NATION. 



CHAPTER VII. 

THE EXECUTIVE DEPAKTME1SIT. 

Observation. — We have already seen that the govern- 
ment of the United States is divided into three general 
departments, legislative, executive, and judicial, the first 
of which, the legislative, we have already considered. The 
second general department of our government is the 
executive. 

The duty of the legislative department, as we have seen, 
is to make, or enact, laws for the proper and beneficial 
government of the people. The particular duty of the 
executive department is to enforce or administer the laws 
enacted by congress. The law-making power should be 
wise, of great experience, of broad knowledge and above 
all, of sound integrity. Our congress, it will be seen, is 
well qualified in these particulars. It is made up of men 
of mature years, who, coming from every section of the 
country and being selected for their personal ability, 
necessarily have a diversified knowledge and rich ex- 
perience; moreover it has the wisdom of the senate and the 
integrity of the house of representatives. 

The experience of the world has shown that a large 
body of men, like our congress, is a good law-making body, 
but such an unwieldy body is unfit to enforce or execute 
the laws. 

The laws must be enforced promptly. There must be- 
no hesitation, no delay. 

Therefore the execution of the laws is wisely confined 



WISCONSIN AXD THE NATION. 215 

to a separate department in the United States government, 
the executive department, of which the president of the 
United States is at the head. 

The President. — It is necessary that in the proper 
execution of the laws there should be no delay, therefore, 
one man, the president, has complete power in the adminis- 
tration and enforcement of the laws. He is thus clothed 
with much power and might use it to the injury of the 
government but for the many checks and safeguards which 
the constitution wisely provides. 

Pie can only enforce the laws as found in the constitu- 
tion and enacted by congress. He is not even allowed to 
determine what the law is in a given case, as that is the 
particular duty of the judicial department, which has the 
sole power of interpreting the laws. 

Term of Office. — The president is chosen for a term 
of four years. He may be re-elected for a second term, and 
not infrequently has this happened, but never has one been 
elected for a third term. There is no limit, in the consti- 
tution, upon the number of terms which a man may serve, 
but the example which that grand man, the first president, 
set before his successors in office by refusing to be a candi- 
date for a third term has, in the minds of the people, 
placed a limit quite as effectual as though it were embodied 
in the constitution itself. Gen. Grant, one of the most 
popular of men, was a candidate for re-nomination in 1880, 
but was defeated in the national republican convention by 
Mr. Garfield. It is thought that this defeat was a final 
decision of the people, that no man, however worthy, shall 
hold more than two terms of the presidency. 

A longer term than four years would be conferring 
more power upon a single man than is thought wise, while 



216 WISCONSIN AND THE NATION. 

a shorter term would occasion the great expense and loss 
of time and energy as well as the uncertainty of more fre- 
quent presidential campaigns. 

Manner of Election The voter at a presidential 

election does not vote directly for the president, but casts 
his vote for as many electors as his state has senators and 
representatives in congress. These electors meet in their 
own state and vote by ballot both for a president and for 
a vice-president, naming separately their choice for presi- 
dent and their choice for vice-president. One at least of 
the persons for whom each elector votes shall not be an 
inhabitant of the same state with themselves. These 
electors make a distinct list of the votes which any candi- 
date receives for president and a separate list of the votes 
which any candidate receives for vice-president, which 
lists are signed and certified by the electors and trans- 
mitted, sealed to the president of the senate at Washington. 

The packages from the several states are opened by the 
president of the senate in the presence of both houses of 
congress, and there counted. The person receiving the 
greatest number of votes for president, providing that 
number be a majority of the whole number of electors, is 
elected president; but if no one receives a majority, the 
house of representatives elects a president from among 
the three receiving the highest number of votes for presi- 
dent in the electoral ballot. The house of representatives, 
however, in this election votes by states, all of the repre- 
sentatives from each state having only one vote. A quorum 
for this purpose consists of a member or members from 
two-thirds of the states and a majority of all the states is 
necessary for a choice. In case the house of representa- 
tives fails for any reason to elect a president, then the 
vice-president acts as president. The person receiving 



WISCONSIN" AND THE NATION. 21*7 

the greatest number of votes for vice-president, provided 
he receives a majority vote of the whole number of electors, 
is elected vice-president; but if no person receives such a 
majority, then, from the two highest, the senate elects the 
vice-president. For this purpose two-thirds of the whole 
number of senators is necessary for a quorum, and a ma- 
jority of the whole number is necessary for a choice. 

The Electoral College. — These electors chosen 
from the several states, as many for each state as such state 
has senators and representatives in congress, are known as 
the " electoral college." 

The members of the electoral college are chosen in such 
manner as the state legislatures may provide. At present, 
however, they are elected by the people at what is known 
as the presidential election. It was the original plan that 
these electors should vote for president according to their 
own ideas, but the system of nomination of presidential 
candidates practiced by the leading political parties, has prac- 
tically removed this discretion, and the electoral college al- 
ways selects the candidate nominated by the party by which 
its members were elected. Thus the electoral college is a 
mere form of no beneficial significance. The people might 
as well vote for the president direct as for these electors, 
and even better, as by this system it is possible for a 
minority of the whole number of voters in a presidential 
election to elect a president, because of the fact that each 
state has as many votes as the state has representatives and 
senators in congress. 

That the electors may be free from bias in favor of of- 
ficials then in office, it is provided that no member of con- 
gress, nor other person holding any office of trust or profit 
under the United States can be an elector. 



218 WISCONSIN AND THE NATION. 

When Elected. — The members of the electoral col- 
lege must be chosen the same day throughout the United 
States. 

Congress has enacted that the electors shall be chosen 
in each state on the Tuesday next after the first Monday in 
November, of the year preceding the fourth of March on 
which the then presidential term expires. It is also provided 
by law that the electors shall meet in their respective states 
at a place appointed by the state legislature, on the second 
Monday in January next after the election at which they 
are elected, which election occurs every four years. 

The president is inaugurated and takes his seat on the 
fourth of March next after his election; the official year of 
the United States beginning and ending on that day 
(March 4th) of each year. 

Qualifications of President. — The president must 
be a natural born citizen, thirty-five years of age, and must 
have been for fourteen years a resident within the United 
States. 

The qualifications for vice-president are the same. 
Thus it will be noticed that no foreign born person can be- 
come president. Such a person might be too easily in- 
fluenced by foreign powers. 

The requirement that the president shall be thirty-five 
years of age insures an executive of mature years and 
large experience, a qualification quite essential for so 
responsible a position. The fourteen years' residence, 
makes certain a sufficient familiarity with our institutions, 
otherwise a native citizen who had resided much abroad 
might be qualified for the position. 

Vacancies in the Office. — In case of removal, 
death or other disability of the president, the vice- 



WISCONSIN AND THE NATION. 219 

president becomes president, and upon the disability of 
both president and vice-president the office goes in 
succession for the remainder of the term to the secretary 
of state, the secretary of the treasury, the secretary of 
war, the attorney-general, the postmaster-general, the 
secretary of the navy, the secretary of the interior. 

It will be noticed that these are the cabinet officers of 
the president in the order of the creation of the office, 
with the exception of the secretary of agriculture, who 
is not made eligible to the office of president. We cannot 
be left without a president, therefore, except by the death, 
resignation, removal or other disability of nine different 
persons, a circumstance not likely to occur. 

His Salary. — The president receives a salary of 
fifty thousand dollars a year and cannot accept any gift 
or other emolument from a foreign state, the United 
States, or any of the several states. 

It is well that the president has a salary, otherwise 
persons of limited means could not afford to accept the 
office. 

The salary should be liberal to enable the chief 
executive to maintain himself and family with becoming 
dignity, to the honor of the nation both at home and 
abroad. 

His salary cannot be increased nor diminished during 
his term of office. Thus he is left free to act according 
to his own promptings and cannot be influenced by 
congress with promises of an increased compensation nor 
by threatened reductions. 

Oath of Office. — To insure good faith, it is required 
that the president, before entering upon the execution of 
his office, shall take the following oath: — "I do solemnly 



220 WISCONSIN AND THE NATION. 

swear (or affirm) that I will faithfully execute the office of 
president of the United States; and will, to the best of 
my ability, preserve, protect and defend the Constitution 
of the United States." This oath is administered to him 
at the inauguration ceremonies by the chief justice of the 
United States. 



WISCONSIN AND THE NATION. 221 



CHAPTER VIII. 

POWEKS AND DUTIES OF THE PRESIDENT. 

Commander-in-Chief of the Army. — It is often 
if not always necessary that military affairs should be 
placed in the hands of one man that the movements of the 
army may be directed without the delays common to 
affairs placed in the hands of a numerous body. The 
president, therefore, has complete control of the army 
and navy of the United States and the militia of the 
several states when called by him into the service of the 
United States, when they become, by the fact of such 
call, the militia of the United States. The president is 
ranked and known in army circles as the commander-in- 
chief of the United States army. 

The commander-in-chief does not necessarily lead the 
army in battle, nor personally direct its movements, but 
may delegate these duties to other military officers, as is 
the practice. All movements of the army are by, and 
emanate from, the authority of the president as such 
commander. 

The president does not declare war but conducts a 
war when once declared by congress. In case of mvasion, 
or rebellion, he has authority to drive out the invaders or 
put down the rebellion without any declaration of war on 
the part of congress. 

The Cabinet. — As is readily understood, the duties 
of the president are most important and more numerous 



222 WISCONSIN AND THE NATION. 

than could possibly be performed by one man. To enable 
the work of his department to be properly performed 
congress has, as the demands of the country have seemed 
to require, established executive departments, eight of 
which have been created up to the present time, each of 
which has charge of a particular branch of the executive 
duties. 

The departments now established are: Department of 
State, Department of War, Department of Treasury, 
Department of Justice, Postoffice Department, Depart- 
ment of the Navy, Department of the Interior and 
Department of Agriculture. 

Each department is presided over by a cabinet officer 
appointed by the president, with the advice and consent 
of the senate, who is only removable with the similar 
advice and consent. 

The heads of these departments make up the cabinet 
officers and are known as the secretary of state, secretary 
of war, secretary of the treasury, attorney-general, post- 
master-general, secretary of the navy, secretary of the 
interior and secretary of agriculture respectively. 

Their duties are to conduct the affairs of their several 
departments under the direction of the president, and 
render to the latter such counsel and assistance as they 
may be able. In the performance of this latter duty they 
are often called together by the president as a sort of 
advisory counsel for him wherefore they are called the 
president's cabinet. 

Duties of the Cabinet Officers — All of the 

cabinet officers conduct their various departments in 
compliance with the president's direction. All that they 
do is under his authority and direction. 



WISCONSIN AND THE NATION. 223 

The secretary of state, subject to the president's 
direction, has the general charge of all matters relating to 
foreign affairs; the secretary of war, of all things relating 
to the control and disposition, of the army and its equip- 
ment, the appointment of its officers, the erection of 
forts, and the charge of other military details both 
offensive and defensive; the secretary of the treasury, of 
the finances of the government, the borrowing and 
issuing and coining of money, the issuing of bonds, the 
supervision of national banks, and the plans for raising 
the revenue of the government; the attorney-general 
conducts and prosecutes all suits to which the United 
Stittes is a party, and gives legal advice to the president 
or the heads of other departments whenever requested 
so to do; the postmaster-general is at the head and the 
general manager of the postal system of the government; 
the secretary of the navy has charge of the naval forces of 
the government, his powers upon the sea being of a 
similar nature to those of the secretary of war upon land; 
the secretary of the interior has charge of the erection of 
public buildings, of copyrights, patents, mines, lands, 
pensions and the census, as well as many other similar 
matters; the secretary of agriculture has charge of that 
department of the government which seeks to advance the 
agricultural interests of the country. This last department 
distributes seeds, conducts agricultural experiments, 
collects statistics, all in the interests of agriculture. 

Pardons and Reprieves. — A pardon is a forgiving 
of an offense whereby one who is accused or convicted of 
some depredation is exempted from punishment and restored 
to his former relations to society. A reprieve is a suspen- 
sion, a delay, for a time, of the execution of a punishment. 
The president has power to grant reprieves and pardons 



224 WISCONSIN AND THE NATION. 

for offenses against the United States except in cases of 
impeachment. 

Impeachment cases are of a political nature and if the 
president had such powers over these cases he would be 
tempted to save from punishment his political friends. 

Power to Make Treaties. — A treaty is an agree- 
ment between two or more independent nations. Treaties 
are entered into for the purpose of establishing peace, 
commercial or other relations between the nations which 
make them. All important matters between modern na- 
tions are usually regulated by treaty. A treaty in the 
United States is of the same effect as a law enacted by 
congress. The president, by and with the advice and con- 
sent of two-thirds of the senate, has the power to make all 
treaties to which the United States is a party. 

Appointive Powers. — The president, by and with 
the advice and consent of the senate, has power to appoint 
ambassadors, other public ministers, and consuls, judges 
of the supreme court and all other officers of the United 
States, whose appointments are not otherwise provided for. 
Congress may, however, vest power of appointment in the 
president alone or in the heads of the departments, which 
has been done as to the large class of inferior offices. 
Officers appointed by the president, with the concurrence 
of the senate, can be removed by the president only 
upon the consent of the senate, excepting the supreme 
judges, w^ho hold office for life or during good behavior. 
They are removable only by impeachment proceedings. 

The appointive power vested in the president is thus 
restricted by requiring the consent of the senate to all ap- 
pointments which congress has not vested in the president 
or the heads of the departments absolutely. This provi- 



WISCONSIN AND THE NATION. 225 

eion influences the president to select men of worth and 
ability that they may meet the approval of the senate. 

Vacancies.' — As vacancies often occur in those offices 
to which the president can appoint only with the concur- 
rence of the senate, during a recess of the senate the presi- 
dent has authority to make temporary appointments which 
expire at the end of the next session, otherwise the offices 
would be vacant until the senate convened in regular ses- 
sion or was called in special session for the sole purpose 
of giving its sanction to the president's appointments, 
which would be an expensive and needless proceeding. 

The President's Message. — The president being at 
the head of the nation and familiar with its conditions and 
needs, as no other man can be, it is made a part of his 
duties from time to time to convey to congress such in- 
formation of the state of the union and recommend such 
measures and expedients as he shall deem necessary and 
proper for the furthering of its beneficial legislation. In 
compliance with this provision of the constitution Presi- 
dent Washington and President Adams, at the opening of 
each session of congress, were in the habit of meeting 
both houses in person and delivering an address to them, 
as is now done by the governors of our state. President 
Jefferson introduced the plan which has been followed 
ever since, of sending a written message to congress in- 
stead of addressing them in person, which document is 
known as the president's message. These messages are 
usually sent to congress at the opening of each session and 
at such other times as the president deems proper. 

Special Sessions of Congress. — As we have seen, 
congress meets regularly on the first Monday in December 
of each year, and usually continues in session for several 

15 



226 WISCONSIN AND THE NATION. 

months until its duties are performed, or until the next 
congress convenes. But it often happens in the affairs of 
the nation that questions of great importance arise during 
a recess of congress, demanding the immediate attention of 
that body, therefore we find that the president may call a 
special session of congress, or of either house, whenever 
he thinks the exigencies of the national affairs demand it. 
It will be remembered, also, that neither house can ad- 
journ sine die (without date appointed) without the con- 
sent of the other. 

In case the two houses cannot agree upon a time of ad- 
journment the president has power to adjourn them. 

Receives Ambassadors. — Ambassadors and other 
public ministers coming from foreign states as the repre- 
sentative of their nation to conduct affairs with our nation, 
must be received and their credentials examined and ap- 
proved before they can be allowed to negotiate treaties 
and perform other duties in the interests of the govern- 
ment by which they are sent. This duty devolves upon 
our president, who has power to receive or reject a repre- 
sentative coming from a foreign state. This confers upon 
him great power, for the refusal of a minister may result 
in hostilities or war between the two countries; and the 
reception of a minister from a colony in rebellion against 
the nation to which it is subject recognizes the rebelling 
colony as an independent nation, which recognition on our 
part may lead to trouble with the nation to which the 
colony belongs. 

Executes the Laws.— It is the especial duty of the 
president to see that the laws are faithfully executed and 
in the performance of this duty he may call to his aid the 
state militia, or the standing army of the United States 



WISCONSIN AND THE NATION. 227 

or both if he deems necessary, nor can he be restrained by 
the courts, or arrested, imprisoned, or detained while per- 
forming the duties of his office. 

His person is inviolable in all civil cases. 

It is also one of his specially assigned duties to com- 
mission all of the officers of the United States. This is 
done by giving each officer a certificate, signed by the 
president, which is the written evidence of the appoint- 
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WISCONSIN AND THE NATION. 229 



CHAPTER IX. 

THE JUDICIAL DEPARTMENT OF OUR GOVERNMENT. 

General Observation. — The student will bear in 
mind that in this country we have a complex govern- 
ment. The state and national institutions are very similar 
in many respects, and thus we are apt to confuse the two. 

For this reason it is well to here note some distinctions. 
The national government has an executive, a legislative 
and a judicial department, as we have already seen, and sim- 
ilar departments are to be found in the state governments. 
The functions of these similar departments are alike in the 
kind of duties which they have severally to perform, but 
differ in the sphere or field of action. Thus the president 
executes the laws of the United States, and the governors 
those of the states; congress makes the laws of the United 
States, and the legislatures those of the states; the United 
States judiciary expound and apply the laws of the United 
States, and in addition, in certain cases, state laws, while 
the state judiciary interpret and apply the laws of the 
states, and to a limited extent, those of the United States, 
but it is in general sufficient to say that the federal courts 
enforce United States laws and the state courts the laws of 
the state. Each citizen is therefore subject to these two 
systems of government. We are ruled by two systems of 
laws, made by separate legislative bodies, administered by 
separate executive officers, and interpreted by distinct 
courts. 



230 WISCONSIN AND THE NATION. 

The Laws of the. United States. — The federal 
laws may be divided into three divisions: First, consti- 
tutional law, which consists of those prescribed rules of 
action laid down in the United States constitution. This 
constitutional law is the highest law of the national gov- 
ernment, to which the other two divisions of law must 
conform, or they will be unconstitutional and therefore not 
law, but void. Second, treaties with foreign nations and 
the Indian tribes are a part of the United States law, and 
of great importance in the commercial world. Third, the 
statutes passed by congress. The statute law of the United 
States and the treaty law are of equal rank. If a statute 
is contrary to a treaty, and is of later date, the treaty is to 
that extent repealed, but if the treaty is of the later date, 
then the statute is so far repealed. Both the statute and 
treaty law are inferior to constitutional law, however. 

Moreover, the constitution declares that the constitu- 
tional law of the United States, the United States treaty 
law, and the United States statutes are the supreme law of 
the land, therefore, no state can have or enact any law 
whatever which is contrary to the United States law, the 
supreme law of the land. 

The Judicial Power of the United States. — 

We have so far considered the executive and the legislative 
departments of the federal government. We have now to 
consider the department of justice, the third general de- 
partment. The judicial power of the United States is 
vested, by the constitution, in the supreme court and in 
such inferior courts as congress may from time to time 
ordain and establish. 

Thus, not only the organization of the supreme court, 
but also the creation and organization of all of the inferior 
federal courts were left by the constitution within the pow- 



WISCONSIN AND THE NATION. 231 

ers of congress. Of the courts* inferior to the supreme 
court, congress has up to the present time established the 
following* The circuit court of appeals, the circuit courts, 
the district courts, and the court of claims. 

The Territorial Jurisdiction of the Federal 
Courts. — Disregarding the territories, the United States 
is at present (1897) divided into sixty-eight districts, and 
within each district is held, in one or more places, the 
United States district court for that district. In nearly 
all cases there is one district judge for each district, but 
in a few cases one judge presides over two districts, so 
that there are now only sixty-four district judges for the 
sixty-eight judicial districts. Generally each state forms 
one district, but in several of the states there are two dis- 
tricts, and a few of the states have three districts within 
their borders. 

Several of these judicial districts together .form a cir- 
cuit, the United States being divided into nine judicial cir- 
cuits (one circuit for each supreme justice). Wisconsin is 
divided into two judicial districts, the eastern and the west- 
ern, and together with the states of Indiana and Illinois, forms 
the seventh judicial circuit of the United States. Each of 
the nine circuits has one of the nine supreme justices allot- 
ted to it. In addition to the supreme justice allotted to the 
circuit, each circuit has two, and some of the circuits three, 
circuit judges, according to the needs of the circuit. The 
seventh judicial circuit, to which Wisconsin belongs, has 
three circuit judges. 

Within each of the nine circuits there is also organized 
(by act of congress, 1891) a circuit court of appeals. The 
circuit court of appeals for this, the seventh circuit, is 
held in the city of Chicago, at least once each year. Ad- 
ditional terms of the circuit court of appeals may be held 



232 WISCONSIN AND THE NATION. 

at other places within the circuit, as the court may de- 
termine. 

The territorial jurisdiction of the court of claims 
and of the United States supreme court is co-exten- 
sive with the United States itself. These two courts, 
therefore, have jurisdiction over the whole of the United 
States. 

Jurisdiction of Courts. — There are two classes of 
jurisdictions, original and appellate. 

Original jurisdiction of a court is the right which that 
court has vested in it to hear and determine a cause in the 
first instance without a previous trial in a lower court. 

Appellate jurisdiction is the right which a court has 
vested in it to hear and determine causes appealed to it from 
the decisions of lower courts. 

Either of the above jurisdictions may be exclusive or 
concurrent. 

It is exclusive when only the one court has the right 
to hear and determine the cause either originally or on ap- 
peal. It is concurrent when some other court or courts 
share with it the right to hear and determine the cause 
originally or on appeal. 

The District Courts. — A district court is composed 
of, or held by, a single judge who holds annually one or 
more terms at designated places within his district. Wis- 
consin has two district courts, one for the eastern district, 
and one for the western district. For the eastern district 
one term of the district court is held annually at each of 
the cities of Oshkosh and Milwaukee, and such additional 
terms as may be necessary. For the western district one 
term annually of the district court is held in each of the 
cities of Eau Claire, La Crosse and Madison with addi- 
tional terms at any of the said places when necessary. 



WISCONSIN AND THE NATION. 233 



CHAPTER X. 

THE JUDICIAL DEPARTMENT OF OUR GOVERNMENT CON- 
TINUED. 

The Circuit Courts. — A circuit court is composed 
of, or held by, the supreme justice allotted to the circuit, 
or one of the circuit judges of the circuit, or the district 
judge of the district iu which the circuit court is sitting, 
or by any two of the above named judges sitting together. 

It is the duty of the supreme justices to attend at least 
one term of the circuit court, in each district of the cir- 
cuits to which they are severally allotted, during every 
period of two years. 

A district judge, therefore, may hold circuit court, sit- 
ting alone, or with either of the other above named 
judges. 

A circuit judge may hold circuit court sitting alone, or 
with either of the other two. And a supreme justice may 
hold circuit court sitting alone, or with either of the other 
two. 

Thus it will be noticed that the organization of the cir- 
cuit court is rather indefinite. Two or more judges may 
be holding circuit courts within the same circuit at the 
same time. 

In general, it is prescribed that two terms of the circuit 
court shall be held in each district annually and such addi- 
tional terms as may be necessary. 



234 WISCONSIN AND THE NATION. 

The Circuit Court of Appeals There is a circuit 

court of appeals in each circuit composed of three judges, 
two of whom constitute a quorum. 

The chief justice allotted to the circuit, the circuit 
judges of the circuit, and in case of necessity the district 
judges of the districts within the circuit may sit in the cir- 
cuit court of appeals. This court was organized to lighten 
the labors of the United States supreme court and upon its 
organization the appellate jurisdiction of the circuit court 
was discontinued. 

The Supreme Court. — The supreme court of the 
United States is composed of nine judges, six of whom 
constitute a quorum. 

They are officially known as chief justice and associate 
justices. The supreme court holds one term annually at 
the seat of government, Washington, D. C, and such ad- 
ditional terms as may be necessary. 

Court of Claims. — The court of claims of the United 
States is composed of one chief justice and four associate 
justices, any two of whom constitute a quorum to hold 
court. 

The court of claims holds one term of court annually 
continuing in session until the work of the year is com- 
pleted. 

This court has jurisdiction of various claims against 
the United States, on behalf of states or private individuals 
or corporations. 

It was organized to keep such litigation from interfer- 
ing with the business of the other federal courts and to 
lighten the labors of congress in settling such claims. 

The Appointment, Tenure of Office and Salar- 
ies of Judges. — All of the federal judges are appointed 



WISCONSIN AND THE NATION. 235 

by the president, by and with the advice and consent of the 
senate. They hold during good behavior and receive a 
salary which cannot be diminished during their con- 
tinuance in office. The judges are appointed by the 
president and hold their offices for life or during good be- 
havior, and receive a salary not subject to reduction, that 
they may be as far as possible removed from the influences 
of politics, and that they may render their decisions without 
fear of removal, or a decrease in salary. 

The salary of the chief justice of the supreme court is 
ten thousand five hundred dollars; of the associate justices 
of the same court, ten thousand dollars each; of the circuit 
court judges, six thousand dollars; of the district 
court judges, five thousand dollars; of the court of claims 
judges, four thousand five hundred dollars. 

Extent of the Federal Judicial Power. — The 
constitution prescribes the exact scope of the powers of the 
federal courts, beyond which no federal court can go. 

First : The judicial power extends to all cases, in law 
and equity, arising under the constitution, the laws 
(statutes) of the United States, and treaties made, or which 
shall be made, under their authority. 

Thus the federal courts have jurisdiction of any case 
arising under any of the laws, constitutional, statutory or 
treaty, of the United States, but the student will here 
notice that the state courts are not denied jurisdiction of 
these same cases also, and we therefore find that in many 
cases the state courts exercise jurisdiction of causes arising 
under the federal laws concurrently with the United States 
courts. However, it must further be remembered that 
congress has power to deny to the state courts any juris- 
diction of cases arising under the federal laws and has ex 



236 WISCONSIN AND THE NATION. 

ercised such right in not a few instances, as in patent and 
copyright cases, which, along with many others, must be 
heard in the federal courts. 

Second; The federal judicial power extends to all cases 
of admiralty and maritime jurisdiction, and here, also, we 
find that congress has given the federal courts exclusive 
jurisdiction of this class of cases because of their nature 
and importance 

The federal courts are given jurisdiction of the above 
two classes of cases because of the nature of the cause of 
action or suit. Those hereafter to be considered are 
brought within the federal jurisdiction because of the par- 
ties to the suit. 

Third: To all cases affecting ambassadors or other 
public ministers and consuls. It is very proper that this 
class of cases should be tried in the federal courts alone, to 
the exclusion of the state courts, and thus congress has so 
provided. Otherwise ministers from foreign countries 
would be compelled to sue and be sued in state courts, 
much to their prejudice, may be, and the annoyance and 
inconvenience of the federal government. 

Fourth: The federal courts have jurisdiction of all 
cases to which the United States shall be a party. 

According to the common law in England the king or 
sovereign was the state or government, and in addition it 
was one of the pet theories of the law (most unreasonable, 
however) that the king (government) could do no wrong, 
and therefore could not be sued to remedy a wrong which 
he could not commit. This idea has, along with the com- 
mon law of England, been adopted as a part of the law of 
this country. 

Thus we find that neither a state nor the United States 
can be sued in its own courts without its consent. The 



WISCONSIN AND THE NATION. 237 

most of the states and the United States have provided, 
by law, the manner in which they may be sued. 

Fifth: The federal jurisdiction extends to cases 
between two or more states. There is no possibility of a 
state suing another state in its own or any other state court, 
for no such court would have authority to enforce the 
judgment. 

Previous to the constitution the idea of one state suing 
another state had never been entertained. Arbitration 
commissions had made awards as between states, but had 
no power to enforce the award. 

The states, therefore, in adopting this clause of the 
constitution, certainly yielded up much of their sovereignty 
as independent states. 

Sixth: The federal jurisdiction extends to suits be- 
tween a state when the state is plaintiff, and the citizens 
of another state, or foreign citizens or subjects. 

As the constitution formerly stood, a private citizen of 
another state could sue a state in the United States courts. 

But this was deemed derogatory to the dignity of the 
states. The constitution was, therefore, changed by the 
eleventh amendment so that a state may sue an individual 
in the federal courts, but cannot be so sued. 

Seventh: The federal courts have jurisdiction of cases 
between citizens of different states. 

This was to prevent a party's interests being prejudiced 
by being obliged to submit to a suit in the courts of the 
state of his opponent. 

Eighth: The federal courts have jurisdiction of causes 
between citizens of the same state claiming lands under 
grants of different states. 

This is a wise provision, as naturally the courts of 
a state would tend to support the land grants of its own 



238 WISCONSIN AND THE NATION. 

state without properly considering the right of the other 
state to make grants of the same land. 

Ninth: The federal courts have jurisdiction of contro- 
versies between a state, or the citizens thereof, and for- 
eign states, citizens or subjects. 

Thus a foreign state may sue one of the states in the 
federal courts but cannot itself be sued, obviously. The 
eleventh amendment also provides that a foreign citizen 
cannot sue a state in the federal courts, as such a proceed- 
ing is thought to be derogatory to the dignity of the state. 

Jurisdiction of the Various Federal Courts. — 

The constitution prescribes that there shall be one supreme 
court and such inferior courts as congress may from time 
to time establish. 

We have seen that up to the present time (189*7) con- 
gress has organized and established five federal courts, viz. : 
the supreme court, the circuit court of appeals, the circuit 
courts, the district courts and the court of claims. 

The whcle judicial jurisdiction of the federal courts is 
vested in no one of these courts, but, as would naturally be 
expected, is divided amongst them, each court having a 
particular and designated proportion or part of the federal 
judicial power. 

The court of claims has jurisdiction of suits against the 
United States for amounts due from the federal govern- 
ment to individuals. 

The district and circuit courts have jurisdiction of 
nearly all other cases originally brought in the federal 
courts. Certain cases may, however, be brought originally 
in the supreme court. The constitution provides that the 
supreme court shall have original jurisdiction of all cases 
affecting ambassadors, other public ministers and consuls, 
and those in which a state shall be a party. 



WISCONSIN AND THE NATION. 239 

The division of this original jurisdiction between the 
district courts and the circuit courts is very technical and 
need not be denned here. Suffice it to say that the less 
important and less difficult cases are supposed to belong to 
the district courts, and that the more important and more 
difficult cases belong to the circuit courts. In other words, 
the circuit courts rank a grade higher than the district 
courts, although in many respects they have concurrent 
jurisdiction, in many cases both have jurisdiction of the 
same causes. 

The circuit court of appeals, as its name implies, is 
purely an appellate court, and hears appeals from the dis- 
trict and circuit courts. 

The supreme court, besides its original jurisdiction, has 
jurisdiction of the more important causes appealed from 
the circuit and district courts and certain questions referred 
to it from the circuit court of appeals, and also, in certain 
cases, it may hear appeals from the decisions of the 
supreme courts of the states. 

The Courts of the Territories. — The courts of the 
territories are no part of the judicial power granted to the 
United States by the constitution, but are courts created 
by congress by virtue of the sovereignty of the United 
States over its territories. They are, therefore, quite dis- 
tinct from the federal courts in general, and are entirely 
under the control of congress. Therefore, the judges of 
such courts do not necessarily hold their office for life, and 
have not the rights as to salary which the federal judges 
enjoy. 



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WISCONSIN AND THE NATION. 241 



CHAPTER XI. 



GENERAL PROVISIONS. 



Official Records, Acts, Etc. — The constitution 
provides that full faith and credit must be given in each 
state to the public acts, records, and judicial proceedings 
of every other state, and authorizes congress to prescribe 
the manner in which such acts, records, and proceedings 
shall be proved. 

In other words, any act, record or judicial proceeding 
of a state must be accepted and recognized by other states 
upon such proof as is prescribed by congress. Congress, 
in pursuance of this provision, has enacted laws regulating 
the proof of such acts, records and proceedings. 

This provision makes such proceedings of as much 
effect in the other states, when properly proved, as they 
have in the state in which they originated. 

A judgment sued out in the courts of any state in the 
union is of as much effect in the state of Wisconsin, when 
properly proved here, as is a judgment of the courts of 
our own state. 

The Admission of New States. — Congress has 
the power to admit new states into the union; but to 
prevent the abuse of this power it is wisely provided that 
no new states shall be created by the division of larger 
states or the junction of smaller ones, or parts of states, 
without the consent of the legislatures of the states con- 
cerned. 

16 



242 WISCONSIN AND THE NATION. 

At the time of the organization of the federal govern- 
ment there was a vast extent of land which the states 
acquired along with their independence. Since then we 
have obtained great tracts of territory, from France — 
Louisiana; from Spain ; — Florida; from Mexico — California, 
New Mexico, Utah, and other tracts along the southwest- 
ern boundary of the United States; and from Russia — 
Alaska. Over half of the states of the union have already 
been formed and admitted out of these acquisitions of ter- 
ritory. 

A territory having a sufficient population, wishing to 
be admitted, holds a constitutional convention, and frames 
and adopts a constitution which it submits to congress for 
its approval and with a request that the territory be ad- 
mitted. 

Congress may approve and admit the territory .as a new 
state on equal footing with the other states of the union, 
or it may refuse admission as it sees fit. 

Territories. —The tracts of land belonging to the 
United States and known as territories are no part of the 
union, but are rather the property of the union. Con- 
gress has power to dispose of the territories, and make all 
needed rules and regulations for their government. 

The territories are governed by means of territorial 
governments over which congress has complete control and 
supervision. 

Amendments. — The needs of communities and gov- 
ernments change, as do the needs of individuals. Indeed, 
governments progress in about the same ratio as do its 
citizens in their individual capacity. It is absolutely 
necessary, therefore, that some method be had whereby 
the constitution can be changed, but such changes should 
not be too easily effected. 



WISCONSIN AND THE NATION. 243 

The constitution provides for its amendment, but 
places certain limitations upon the methods by which it is 
amended that changes may not be rashly adopted. 

One important limitation is that no state can be de- 
prived of its equal suffrage in the senate without its con- 
sent. Thus, probably, for all time, or as long as this 
government may last, (may the two be equivalent expres- 
sions) the smaller states, Rhode Island, Delaware and 
others, will have an equal voice in the upper house of con- 
gress along with Texas, California and New York, although 
the latter have many times the population of the former. 

Amendments to the constitution may be proposed in 
two ways; (1) two- thirds of both houses may propose 
amendments to the constitution, or, (2) upon the applica- 
tion of the legislatures of two-thirds of the states, con- 
gress shall call a convention for the purpose of proposing 
amendments. 

There are . also two methods by which these proposed 
amendments may be adopted and made a part of the con- 
stitution, and congress is authorized to prescribe which of 
these two methods shall.be used in any particular case. 
Proposed amendments may be adopted, (1) by being rati- 
fied by the legislatures of three-fourths of the several states 
or, (2) by conventions, called for that purpose, in three- 
fourths of the states. 

The Supreme Law of the Land. — As we have 
before observed, the laws of the United States are superior 
to any of the laws of the state; and the constitution, that 
there may be no misunderstanding, clearly declares that 
the constitution and the laws of the United States made in 
pursuance thereof, and all treaties made under the authority 
of the United States are the supreme law of the land; and 
the judges in every state are bound thereby, anything in 



244 WISCONSIN AND THE NATION. 

the constitution or laws of any state to the contrary not- 
withstanding. Clearly the states, by the adoption of this 
clause of the constitution, acknowledged their subjection 
to the United States government, and all state rights 
arguments as to the independence of the states must fall 
before this clause of the constitution. 

The Official Oath. — All members of congress, all 
members of the state legislatures, and all executive and 
judicial officers, both of the United States and of the several 
states, are before entering upon the duties of their respective 
offices, required to bind themselves, by oath or affirmation, 
to support the constitution of the United States. 

Thus is insured, in some degree at least, the loyalty of 
all officials to the general government, whether they hold 
their offices under the United States or the various states. 



WISCONSIN AND THE NATION. 245 



CHAPTER XII 



BILL OF RIGHTS. 



Explanation. — There are many provisions to be found 
in various parts of the constitution which are intended to 
preserve to the people certain rights and liberties that shall 
not be infringed. If these were collected under one head, 
they might very properly be called the bill of rights, and 
thus we have designated them. 

The constitution as first adopted was considered quite 
deficient in not having sufficiently secured to the people 
their rightful immunities, and thus, of the fifteen amend- 
ments which have been added to the constitution, thirteen 
are for the purpose of securing to the people their due 
rights. It may also be proper to here caution the student 
again to the effect that all these limitations apply only to 
the government of the United States, and not to the states, 
unless the states are especially mentioned in the constitution 
as being subject to the restrictions or unless the limitation 
must necessarily be implied to apply to the states. The 
constitution of the United States, therefore, does not regulate 
the trials in the state courts, and the provisions regarding 
trial by jury, indictment by grand jury, and many other 
provisions have no application to the courts of the states, 
but only apply to the United States government. 

Many of the same provisions, however, are to be found 
in the state constitution and thus they restrict the powers of 
the state. 



246 WISCONSIN AND THE NATION. 

Juries. — There are two kinds of juries known to the 
law, the grand jury and the petit jury. A grand jury 
consists of from twelve to twenty-three men of the county 
called together by the court for the purpose of investigating, 
secretly, charges against people accused of crime. They 
do not try the accused person, but determine whether there 
is sufficient evidence against him to warrant a public charge 
of guilt and a public trial. It takes at least twelve of the 
grand jury to bring charges, called an indictment, against 
a person. 

The petit (small) jury consists of twelve men who listen 
to the evidence for and against a person being tried for 
any crime, and adjudge him guilty or not guilty of the 
crime according to the evidence in the case; and in civil 
cases listen to the evidence for and against the parties to the 
action and render their verdict according to the weight of 
the evidence. 

Indictment by Grand Jury — Except in cases arising 
in the army or navy, or in the militia when in actual service, 
no person can be held for a capital or otherwise infamous 
crime without first being indicted by a grand jury. 

Persons who are serving in the the army, navy or 
militia are tried, when accused of crime, by court martial, 
which is a summary trial by the officers of the army cal- 
culated to preserve discipline. A capital offense is one 
punishable by death. 

Accused persons may be tried for inferior offenses with- 
out first being indicted by a grand jury, but in practice, all 
crimes prosecuted in the United States courts are upon 
indictments found by a grand jury. 

The purpose of the grand jury is to avoid publicly 
accusing innocent people of offenses without good evidence 
to sustain the charge. 



WISCONSIN AND THE NATION. 247 

Twice in Jeopardy. — To prevent the possibility of 
one's being repeatedly arrested and tried for the same offense, 
greatly to his annoyance, it is provided that no person shall 
be subject, for the same offense, to be twice put in jeopardy 
of life or limb. 

If upon trial for a crime he is discharged he can never 
be re-tried for the same offense, even though very con- 
vincing evidence be afterward discovered against him. 

Witness Against Himself. — No person is obliged 
to give testimony in a criminal proceeding against him- 
self. 

One who is a witness in a trial of another may refuse to 
answer questions which in any way tend to show his own 
guilt. 

Due Process of Law. — No person can be deprived 
of life, liberty, or property without due process of law. 

The law prescribes the process whereby one may be 
convicted of crimes and thereby suffer punishment by being 
deprived of life, by hanging ; or liberty, by imprison- 
ment ; or of property, by fine. 

But officials who attempt to punish persons without 
first proceeding according to due process of law become 
criminals themselves, liable to punishment. 

Criminal Prosecutions. — That one accused of crime 
may not be cast into jail and kept there indefinitely, it is 
provided that in all criminal prosecutions, the accused shall 
enjoy the right to a speedy and public trial, by an impartial 
jury of the state and district Avherein the alleged crime was 
committed. 

He shall also be informed of the nature of the crime of 
which he is accused that he may intelligently conduct his 
defense and prove his innocence if possible. 



248 WISCONSIN ANT) THE NATION. 

He is also allowed to be in court during trial, and the 
witnesses against him must testify in his presence. 

The power of the court is at his command to compel 
the attendance of witnesses in his favor, and if lie has not 
sufficient means to procure counsel (lawyers) to conduct 
his defense, they are provided by the court at the expense 
of the government. These favors are shown one charged 
with a crime that he may have all proper means of proving 
his innocence. The law goes upon the theory that all men 
are innocent until they are proved guilty. The prosecu- 
tion must prove his guilt; he is not compelled to prove 
his innocence. 

Trial by Jury — The trial of all crimes, except in 
cases of impeachment and trials of a military nature, are 
by jury held in the state where the crime was committed. 

The right of trial by jury is one of the great safeguards 
to popular liberty. Twelve of one's own neighbors are 
not apt to find him guilty of a crime unless he committed 
it. Trial by jury was one of the things secured by 
the people of England with the Magna Charta, and has 
been greatly cherished by those who have succeeded to the 
liberties granted by that great charter. 

Freedom from Oppression — Persons accused of 
crimes, upon being arrested are, unless the offense is of too 
grave a nature, allowed to obtain their liberty until the 
trial is had, by giving bail, which is a sort of security 
wherein some party becomes liable to pay into court a cer- 
tain sum of money if the accused is not in court on the day 
set for the trial. 

That the amount of the bail may not be placed so high 
as to practically prevent a poor person from being set at 
liberty by means of bail, it is provided that excessive bail 
shall not be required. 



WISCONSIN AND THE NATION. 249 

That persons may not be imprisoned because unable to 
pay heavy fines, it is provided that excessive fines shall not 
be imposed. 

In addition to these two safeguards, is the provision 
that no cruel and unusual punishments shall be inflicted. 
Criminals cannot be put to death by torture or subjected 
to unusual or inhuman treatment. 

Again I will remind you that all this refers to the 
United States government and trials in the United States 
courts, and not to the state and its courts. 

Treason. — The common law as administered in Eng- 
land at the time of the organization of our government, 
declared many slight offenses or crimes to be treason 
against the king, and the punishment of treason was very 
cruel and barbarous, the body of the traitor being dismem- 
bered and mutilated beyond recognition. The punishment 
extended also to his relatives according to the principles of 
attainder, and his property was forfeited. 

With us a spirit of moderation prevails voiced by our 
constitution , which recognizes only two offenses to be treason, 
(1) levying war against the United States, and (2) adhering 
to the enemies of the United States by giving such enemies 
aid and comfort. Nothing else can be treason against the 
federal government. 

Furthermore, that one may not be found guilty of 
treason on slight testimony, it is prescribed that no person 
can be convicted of treason unless on the testimony of two 
witnesses to the same overt act, or on confession in open 
court. 

The punishment of treason is left to congress to pre- 
scribe, but it cannot work attainder or forfeiture of prop- 
erty for a longer time than the life of the person attainted, 
and congress has enacted that no conviction shall work 



250 WISCONSIN AND THE NATION. 

corruption of blood, or any forfeiture of estate or property. 
Thus the rigor of the old common law is entirely obviated. 

Interstate Privileges and Immunities. — That 
unjust and unreasonable discrimination may not be practiced 
by any of the states against citizens of the other states, it is 
vouchsafed that the citizens of each state are entitled to all 
privileges and immunities of citizens in the several states. 
Thus is secured to the citizens of any of the states the 
right to pass through, to sue in the courts of, to own, pur- 
chase and dispose of property in, to reside in, to pursue 
any legal business in, any other state of the union,. along 
with many other rights of a similar nature. 

These privileges are in the most of the states allowed 
to foreigners and foreign corporations as well as citizens 
of the other states, but discriminations could be made by 
any of the states, at their pleasure, against aliens or cor- 
porations, as they are not citizens, and therefore not in- 
cluded in this provision. 



WISCONSIN AND THE NATION. 251 



CHAPTER XIII. 

BILL OF RIGHTS CONTINUED. 

Requisition of Criminals Fleeing From Jus- 
tice. — It is a common thing for criminals to flee from the 
state or nation in which they perpetrated their crime, into 
a foreign state or nation to avoid being apprehended by 
the officers of the law of the country from which they have 
fled. 

Nations often have treaty arrangements whereby crim- 
inals of the graver kinds may be taken in the foreign 
country and returned for trial and punishment. Such 
criminals are said to be extradited, and the treaty with the 
foreign country by means of which they are permitted to 
be brought back for punishment is termed an extradition 
treaty. 

For many purposes the various states of the union bear 
a similar relation to each other as do foreign nations. 
That none of the states can be an asylum for fugitives 
from justice from another state the constitution provides, 
that a person charged in any state with treason, felony, or 
other crime, who shall flee from justice, and be found in 
another state, shall, on demand of the executive authority 
of the state from which he fled, be delivered up to be re- 
moved to the state having jurisdiction of the crime. 

The method pursued, when a criminal succeeds in es- 
caping into another state, to get him back for trial, is to 
make application to the governor of the state from which 



252 WISCONSIN AND THE NATION. 

he has fled for what are called requisition papers. These 
are papers whereby this governor requests the governor of 
the state in which the criminal is found, to order his arrest 
and- delivery to the officials of the state against whose laws 
the criminal offended. 

Republican Form of Government Guaranteed. 

— The United States guarantees to every state in the union 
a republican form of government, and will protect each of 
them against invasion, and on application of the legisla- 
ture, or the executive (when the legislature cannot be con- 
vened), against domestic violence. 

No state, therefore, can be admitted into the union un- 
less its government is republican, and no state of the union 
can change its government to any other than its present 
republican form, and should one of them attempt to do so, 
it would be the duty of congress to interfere and declare 
the change void. 

Religion and Government.— Many of the colonies 
of this country were formed of people who had fled from 
the religious persecutions of the Old World. 

Although in a few cases the colonies established or 
continued what might be called a government religion or 
church to which all office-holders and voters or citizens of 
the colony must belong, yet in general there prevailed the 
idea that the church and the state, or government, should 
be absolutely independent of each other, and in accord- 
ance with this the constitution as originally adopted pre- 
scribed that no religious test should ever be required as a 
qualification to any office or public trust under the United 
States. 

But this did not cover the whole ground. The people 
were not yet secure from a government religion and thus 



WISCONSIN AND THE NATION. 253 

the first amendment which declares that congress shall 
make no law respecting an establishment of religion, or 
prohibiting the free exercise thereof, was enacted. 

With us, therefore, one is left absolutely free to believe 
in whatever faith his inclination dictates, but this must 
not be understood as including too much. 

One may not, even here, follow an illegal practice un- 
der the pretense that it is his religion. 

The Mormons, therefore, may believe polygamy to be 
right, and no one will or can object, but the practice of 
polygamy, even among Mormons, will be punished. 

Freedom of Speech, Assembly and Petition. — 

Congress can make no law abridging the freedom of 
speech, or the freedom of the press, or the right of the 
people to assemble in public meetings, or the right to peti- 
tion the government for redress of grievances. 

Although congress is thus restricted from passing laws 
regarding these privileges, yet one is not hereby licensed 
to abuse them. 

One may say, or publish, what he chooses, but he is 
held accountable by law if he slanders or libels another. 

Public meetings may be held, but disorderly ones will 
not be allowed. 

Under the tyranny of the early English kings these 
privileges of the people were greatly restricted. At times, 
one could not safely speak disparagingly of one in au- 
thority. 

The states, however, it will be noticed, are left free to 
make what regulations they may like regarding these privi- 
leges, as the above restrictions apply only to the fed- 
eral congress, or government, as do nearly all of the 
amendments to the constitution. 



254 WISCONSIN AND THE NATION. 

The Right to Bear Arms. — It will be remembered 
that the first article of the constitution prohibits the states 
from keeping troops, or ships of war, without the previ- 
ous consent of congress. 

The troops herein contemplated were standing armies 
only, but that it might not be misinterpreted, the second 
amendment secures to the people the right to keep and bear 
arms and declares the truth that a well-regulated militia is 
a necessity to the security of a free state. 

Quartering of Soldiers on Citizens. — One of the 

grievances which precipitated the revolutionary war was 
the claim and practice which England adhered to as a 
right, of quartering English soldiers upon colonial sub- 
jects, without their consent and against their protest. But 
with us no soldier can, in time of peace, be quartered in 
any house without the consent of the owner; nor in time 
of war, but in a manner to be prescribed by law. 

Search Warrants. — The courts were formerly al- 
lowed, in England, to issue search warrants of a general 
nature, under the protection of which the officer executing 
the warrant, could enter the house of any person he might 
suspect of having the article for which he was looking, 
(usually stolen goods). By means of these warrants the 
privacy of homes was invaded without reason or necessity. 

That the United States courts (this does not refer to 
state courts) may not so misuse their power, the fourth 
amendment allows search warrants to be issued only when 
the party asking for the warrant states on oath the grounds 
which make the warrant necessary, and particularly de- 
scribes the place to be searched and the things to be seized 
if found. This precaution is taken that the people may 



WISCONSIN AND THE NATION. 255 

be secure in their persons, houses, papers and effects 
against unreasonable searches and seizures by United 
States officials. 

Private Property for Public Use. — The United 
States is forbidden, by the last part of the fifth amend- 
ment, to take the private property of any one for public 
use without a just compensation. 

Governments often exercise the right of eminent do- 
main and take private property for the purpose of build- 
ing public roads, parks, wharves and various other public 
enterprises, but invariably the owner thereof is given a 
full return for the price of his property, which price is 
ascertained by appraisement. 

Trial by Jury in Civil Cases. — As we have seen, 
all persons charged with crime have the right to be tried 
by jury. The seventh amendment preserves the right of 
trial by jury in suits at common law, in civil cases, where 
the amount in controversy exceeds twenty dollars. 

In suits for amounts under twenty dollars the jury trial 
would be too expensive. 

In equity suits the case is heard by the judge without 
the aid of a jury. 

Rights Reserved to the People. — When a law 
names a list of things which it includes, it is generally in- 
terpreted as though it had named all which were intended 
to be included; therefore, those not named are excluded. 

Now in various parts of the Constitution there are 
enumerated certain rights wbch the constitution reserves 
especially to the states or to ihe people and according to 
the general rule of interpretation they would have no other 
righi,8 than those especially named, but to prevent this 



256 WISCONSIN AND THE NATION. 

rule from applying, the ninth amendment declares that the 
enumeration in the constitution of certain rights shall not 
be construed to deny or disparage others retained by the 
people. 

The general rule for the interpretation of laws applies, 
however, to the United States in accordance with the tenth 
amendment, which declares, the powers not delegated to 
the United States by the constitution, nor prohibited by 
it to the states, are reserved to the states, or to the people. 

The United States has only such powers as are granted 
to it, while the states have all power not denied them by 
the constitution. 

Slavery. — Slavery and involuntary servitude, except 
as a punishment for crime, are prohibited in the United 
States or any place subject to their jurisdiction by the 
thirteenth amendment. 

The fourteenth amendment makes the former slaves 
citizens of the United States and of the state wherein they 
resided, by declaring all persons born or naturalized in the 
United States and subject to the jurisdiction thereof, to be 
citizens not only of the United States but also of the 
state wherein they reside. 

This amendment also prohibits a state from abridging 
the privileges or immunities of citizens of the United 
States, nor can a state deny to any person within its juris- 
diction tho equal protection of the laws. 

All of the above provisions were calculated to insure 
to the negro of the south equal rights and privileges with 
the white race, but the southern states discriminated 
against their former slaves by prohibiting the right of 
franchise to them. 

This necessitated the passage of the last amendment^ 
which enacts that the right of citizens of the United 



WISCONSIN AND THE NATION. 257 

States to vote shall not be denied or abridged by the 
United States, or any state, on account of race, color, or 
previous condition of servitude. 

The thirteenth amendment, therefore, made the slave 
free; the fourteenth made him a citizen with all the rights 
of citizens, but citizens are not necessarily voters; so it yet 
required the fifteenth amendment to insure to the negro 
the franchise, or right to vote. 



w 



258 WISCONSIN AND THE NATION. 



DECLARATION OF INDEPENDENCE. 



CHAPTER XIV. 

UNANIMOUSLY PASSED BY THE CONGRESS OF THE THIRTEEN UNITED 
STATES OF AMERICA, JULY 4, 1776. 

When, in the course of human events, it becomes necessary for 
one people to dissolve the political bands which have connected 
them with another, and to assume among the powers of the earth 
the separate and equal station to which the laws of nature and of 
nature's God entitle them, a decent respect to the opinions of man- 
kind requires that they should declare the causes which impel 
them to the separation. 

We hold these truths to be self-evident, that all men are created 
equal; that they are endowed by their Creator with certain un- 
alienable rights; that among these are life, liberty, and the pursuit 
of happiness. That to secure these rights, governments are insti- 
tuted among meD, deriving their just powers from the consent of 
the governed; and that whenever any form of government becomes 
destructive of these ends, it is the right of the people to alter or 
to abolish it, and to institute a new government, laying its founda- 
tion on such principles, and organizing its powers in such form, as 
to them shall seem most likely to affect their safety and happiness. 
Prudence, indeed, will dictate that governments long established 
should not be changed for light and transient causes; and, accord- 
ingly, all experience hath shown that mankind are more disposed 
to suffer, while evils are sufferable, than to right themselves by 
abolishing the forms to which they are accustomed. But when a 
long train of abuses and usurpations, pursuing invariably the same 
object, evinces a design to reduce them under absolute despotism, 
it is their right, it is their duty, to throw off such government, and 
to provide new guards for their future security. Such has been 



WISCONSIN AND THE NATION. 259 

the patient suff erance of these colonies, and such is now the neces- 
sity which constrains them to alter their former systems of govern- 
ment. The history of the present king of Great Britain is a history 
of repeated injuries and usurpations, all having, in direct object, 
the establishment of an absolute tyranny over these states. To 
prove this, let facts be submitted to a candid world: 

He has refused his assent to laws the most wholesome and 
necessary for the public good. He has forbidden his governors to 
pass laws of immediate and pressing importance, unless suspended 
in their operation till his assent should be obtained; and, when so 
suspended, he has utterly neglected to attend to them. He has re- 
fused to pass other laws for the accommodation of large districts of 
people unless these people would relinquish the right of repre- 
sentation in the legislature — a right inestimable to them, and form- 
idable to tyrants only. He has called together legislative bodies 
at places unusual, uncomfortable, and distant from the depository 
of their public records, for the sole purpose of fatiguing them into 
compliance with his measures. He has dissolved representative 
houses repeatedly, for opposing, with manly firmness, his invasions 
on the rights of the people. He has refused, for a long time after 
such dissolutions, to cause others to be elected; whereby the legis- 
lative powers, incapable of annihilation, have returned to the 
people at large for their exercise, the state remaining, in the 
meantime, exposed to all the dangers of invasion from without and 
convulsions within. He has endeavored to prevent the population 
of these states; for that purpose, obstructing the laws for natural- 
ization of foreigners; refusing to pass others to encourage their 
emigration hither, and raising the conditions of new appropriations 
of lands. He has obstructed the administration of justice, by refusing 
his assent to laws for establishing judiciary powers. He has made 
judges dependent on his will alone for the tenure of their offices and 
the amount and payment of their salaries. He has erected a multi- 
tude of new offices, and sent hither swarms of officers to harass our 
people, and eat out their substance. He has kept among us, in 
times of peace, standing armies, without the consent of our legis- 
lature. He has affected to render the military independent of and 
superior to the civil power. He has combined with others to sub- 
ject us to a jurisdiction foreign to our constitution, and unacknowl- 
edged by our laws; giving his assent to their acts of pretended 
legislation: 



260 WISCONSIN AND THE NATION. 

For quartering large bodies of armed troops among us; for pro- 
tecting them, by a mock trial, from punishment, for any murders 
which they should commit on the inhabitants of these states; for 
cutting off our trade with all parts of the world; for imposing taxes 
on us without our consent; for depriving us, in many cases, of the 
benefits of trial by jury. For transporting us beyond seas to be 
tried for pretended offences. For abolishing the free system of 
English laws in a neighboring province, establishing therein an 
arbitrary government, and enlarging its boundaries, so as to render 
it at once an example and fit instrument for introducing the same 
absolute rule into these colonies; for taking away our charters, 
abolishing our most valuable laws, and altering, fundamentally, the 
powers of our government; for suspending our own legislatures s 
and declaring themselves invested with power to legislate for us 
in all cases whatsoever. He has abdicated government here, by 
declaring us out of his protection, and waging war against us. He 
has plundered our seas, ravaged our coast, burnt our towns, and 
destroyed the lives of our people. He is at this time, transporting 
large armies of foreign mercenaries to complete the works of death, 
desolation, and tyranny, already begun, with circumstances of 
cruelty and perfidy scarcely paralleled in the most barbarous ages, 
and totally unworthy the head of a civilized nation. He has con- 
strained our fellow citizens, taken captive on the high seas, to bear 
arms against their country, to become the executioners of their 
friends and brethren, or to fall themselves by their hands. He has 
excited domestic insurrections among us, and has endeavored to 
bring on the inhabitants of our frontiers the merciless Indian sav- 
ages, whose known rule of warfare is an undistinguished destruc- 
tion of all ages, sexes, and conditions. 

In every stage of these oppressions, we have petitioned for re- 
dress, in the most humble terms; our repeated petitions have been 
answered only by repeated injury. A prince whose character 
is thus marked by every act which may define a tryant, is unfit to 
be the ruler of a free people. 

Nor have we been wanting in attention to our British brethren. 
We have warned them, from time to time, of attempts made by 
their legislature to extend an unwarrantable jurisdiction over us. 
We have reminded them of the circumstances of our emigration 
and settlement here. We have appealed to their native justice and 
magnanimity, and we have conjured them, by the ties of our com- 



WISCONSIN AND THE NATION. 261 

mon kindred, to disavow these usurpations, which would inevitably 
interrupt our connections and correspondence. They, too, have 
been deaf to the voice of justice and consanguinity. We mast, 
therefore, acquiesce in the necessity which denounces our separa- 
tion, and hold them, as we hold the rest of mankind, enemies in 
war — in peace, friends. 

We, therefore, the representatives of the United States of Amer- 
ica, in general congress assembled, appealing to the Supreme 
Judge of the world for the rectitude of our intentions, do, in the 
name and by the authority of the good people of these colonies, 
solemnly publish and declare, that these united colonies are, and 
of right ought to be, free and independent states; that they are ab- 
solved from all allegiance to the British crown, and that all political 
connections between them and the state of Great Britain is, and 
ought to be, totally dissolved; and that, as free and independent 
states, they have full power to levy war, conclude peace, contract 
alliances, establish commerce, and to do all other acts and things 
which independent states may of right do. And for the support of 
this declaration, with a firm reliance on the protection of Divine 
Providence, we mutually pledge to each other our lives, our for- 
tunes, and our sacred honor. 

JOHN HANCOCK. 

New Hampshire. — Josiah Bartlett, William Whipple, Mat- 
thew Thornton. 

Massachusetts Bay. — Samuel Adams, John Adams, Robert 
Treat Paine, Elbridge Gerry. 

Rhode Island, etc. — Stephen Hopkins, William Ellery. 

Connecticut. — Roger Sherman, Samuel Huntington, William 
Williams, Oliver Wolcott. 

New York. — William Floyd, Philip Livingston, Francis 
Lewis, Lewis Morris. 

New Jersey. — Richard Stockton, John Witherspoon, Fran- 
cis Hopkinson, JonN Hart, Abraham Clark. 

Pennsylvania. — Robert Morris, Benjamin Rush, Benjamin 
Franklin, John Morton, George Clymer, James Smith, George 
Taylor, James Wilson, George Ross. 

Delaware. — Caesar Rodney, George Read, Thomas McKean. 

Maryland. — Samuel Chase, William Paca, Thomas Stone, 
Charles Carroll, of Carrolltou. 

Virginia. — George Wythe, Richard Henry Lee, Thomas 



262 WISCONSIN AND THE NATION. 

Jefferson, Benjamin Harrison, Thomas Nelson, Jun., Francis 
Lightfoot Lee, Carter Braxton. 

North Carolina. — William Hooper, Joseph Hewes, John 
Penn. 

South Carolina. — Edward Rutledge, Thomas Hayward, Jun., 
Thomas Lynch, Jun., Arthur Middleton. 

Georgia. — Button Gwinnett, Lyman Hall, George Walton. 



WISCONSIN AND THE NATION. 263 



CHAPTER XV. 

ARTICLES OF CONFEDERATION 

And perpetual union between the states of New Hampshire, 
Massachusetts Bay, Rhode Island and Providence Plantations, 
Connecticut, New York, New Jersey, Pennsylvania, Delaware, 
Maryland, Virginia, North Carolina, South Carolina and Geor- 
gia. 

Article I. — The style of this confederacy shall be, "The United 
States of America." 

Art. II. — Each state retains its sovereignty, freedom, and inde- 
pendence, and every power, jurisdiction and right, which is not 
by this confederation expressly delegated to the United States in 
congress assembled. 

Art. III. — The said states hereby severally enter into a firm 
league of frendship with each other, for their common defence, 
the security of their liberties, and their mutual and general wel- 
fare; binding themselves to assist each other against all force 
offered to, or attacks made upon them, or any of them, on account 
of religion, sovereignty, trade, or any other pretense whatever. 

Art. IV. — The better to secure and perpetuate mutual friend- 
ship and intercourse among the people of the different states in 
this union, the free inhabitants of each of these states, paupers, 
vagabonds and fugitives from justice excepted, shall be entitled to 
all privileges and immunities of free citizens in the several states; 
and the people of each state shall have free ingress and regress to 
and from any other state; and shall enjoy therein all the privileges 
of trade and commerce, subject to the same duties, impositions, and 
restrictions as the inhabitants thereof respectively; provided, that 
such restriction shall not extend so far as to prevent the removal of 
property imported into any state to any other state, of which the 



264 WISCONSIN AND THE NATION. 

owner is an inhabitant; provided also, that no imposition, duties, 
or restriction shall be laid by any state on the property of the 
United States, or either of them. 

If any person guilty of, or charged with treason, felony, or 
other high misdemeanor, in any state, shall flee from justice, and 
be found in any of the United States, he shall, upon demand of the 
governor or executive power of the state from which he fled, be 
delivered up and removed to the state having jurisdiction of his 
offense. 

Full faith and credit shall be given in each of these states to 
the records, acts, and judicial proceedings of the courts and magis- 
trates of every other state. 

Art. V. — For the more convenient management of the general 
interests of the United States, delegates shall be annually appoint- 
ed in such manner as the legislature of each state shall direct, to 
meet in congress on the first Monday in November, in every year, 
with a power reserved to each state to recall its delegates, or any 
of them, at any time within the year, and send others in their 
stead for the remainder of the year. 

No state shall be represented in congress by less than two, nor 
more than seven members; and no person shall be capable of being 
a delegate for more than three years in any term of six years; nor 
shall any person, being a delegate, be capable of holding any office 
under the United States, for which he, or another for his benefit, 
receives any salary, fees, or emolument of any kind. 

Each state shall maintain its own delegates in a meeting of the 
states, and while they act as members of the committee of the 
states. 

In determining questions in the United States in congress as- 
sembled, each state shall have one vote. 

Freedom of speech and debate in congress shall not be im- 
peached or questioned in any court or place out of congress; and 
the members of congress shall be protected in their persons from 
arrest and imprisonment during the time of their going to, and 
from, and attending on congress, except for treason, felony, or 
breach of the peace. 

Art. VI. No state, without the consent of the United States in 
congress assembled, shall send any embassy to, or receive any em- 
bassy from, or enter into any conference, agreement, alliance, or 



WISCONSIN AND THE NATION. 265 

treaty with any king, prince or state; nor shall any person, holding 
any office of profit or trust under the United States, or any of them, 
accept of any present, emolument, office, or title of any kind what- 
ever from any king, prince, or foreign state; nor shall the United 
States in congress assembled, or any of them, grant any title of 
nobility. 

No two or more states shall enter into any treaty, confederation, 
or alliance whatever between them, without the consent of the 
United States in congress assembled, specifying accurately the pur- 
poses for which the same is to be entered into, and how long it shall 
continue. 

No state shall lay any imposts or duties, which may interfere 
with any stipulations in treaties entered into by the United States 
in congress assembled with any king, prince, or state, in pursuance 
of any treaties already proposed by congress to the courts of France 
and Spain. 

No vessels of war shall be kept up, in time of peace, by any state 
except such number only as shall be deemed necessary, by the 
United States in congress assembled, for the defense of such state 
or its trade; nor shall any body of forces be kept up by any state, 
in time of peace, except such number only as, in the judgment of 
the United States in congress assembled, shall be deemed requisite 
to garrison the forts necessary for the defense of such state; but 
every state shall always keep up a well-regulated disciplined 
militia, sufficiently armed and accoutred; and shall provide and 
constantly have ready for use, in public stores, a due number of 
field-pieces and tents, and a proper quantity of arms, ammunition, 
and camp equipage. 

No state shall engage in any war, without the consent of the 
United States in congress assembled, unless such state be actually 
invaded by enemies, or shall have received certain advice of a 
resolution being formed by some nation of Indians to invade such 
state, and the danger is so imminent as not to admit of a delay till 
the United States in congress assembled can be consulted; nor shall 
any state grant commissions to any ship or vessel of war, nor let- 
ters of marque or reprisal, except it be after a declaration of war 
by the United States in congress assembled; and then only against 
the kingdom or state, and the subjects thereof, against which war 
has been so declared, and under such regulations as shall be estab- 
lished by the United States in congress assembled, unless such 



266 WISCONSIN AND THE NATION. 

state be infested by pirates, in which case vessels of war may be 
fitted out for that occasion, and kept so long as the danger shall 
continue, or until the United States in congress assembled shall 
determine otherwise. 

Art. VII. — When land forces are raised by any state for the 
common defense, all officers of or under the rank of colonel shall 
be appointed by the legislature of each state respectively, by whom 
such forces shall be raised, or in such manner as such state shall 
direct; and all vacancies shall be filled up by the state which first 
made the appointment. 

Art. VIII. — All charges of war, and all other expenses that 
shall be incurred for the common defense or general welfare, and 
allowed by the United States in congress assembled, shall be de- 
frayed out of a common treasury which shall be supplied by the 
several states in proportion to the value of all land within each 
state, granted to or surveyed for any person as such land and the 
buildings and improvements thereon shall be estimated, according 
to such mode as the United States in congress assembled shall, 
from time to time, direct and appoint. The taxes for paying that 
proportion shall be laid and levied by the authority and direction 
of the legislatures of the several states, within the time agreed up- 
on by the United States in congress assembled. 

Art. IX. — The United States, in congress assembled, shall have 
the sole and exclusive right and power of determining on peace 
and war, except in the cases mentioned in the sixth article: Of 
sending and receiving ambassadors: Entering into treaties and 
alliances, provided that no treaty of commerce shall be made 
whereby the legislative power of the respective states shall be 
restrained from imposing such imposts and duties on foreigners as 
their own people are subject to, or from prohibiting the exportation 
or importation of any species of goods or commodities whatever: 
O f establishing rules for deciding, in all cases, what captures on land 
or water shall be legal; and in what manner prizes, taken by land 
or naval forces in the service of the United States, shall be divided 
or apportioned: Of granting letters of marque and reprisal in 
times of peace: Appointing courts for the trial of piracies and 
felonies committed on the high seas; and establishing courts for 



WISCONSIN AND THE NATION. 267 

receiving and determining, finally, appeals in all cases of captures; 
provided that no member of congress shall be appointed a judge 
of any of the said courts. 

The United States, in congress assembled, shall also be the last 
resort, on appeal, in all disputes and differences now subsisting, 
or that hereafter may arise between two or more states concerning 
boundary, jurisdiction, or any other cause whatever; which author- 
ity shall always be exercised in the manner following: Whenever 
the legislative or executive authority, or lawful agent of any state, 
in controversy with another, shall present a petition to congress, 
stating the matter in question, and praying for a hearing, notice 
thereof shall be given, by order of congress, to the legislative or 
executive authority of the other state in controversy; and a 
day assigned for the appearance of the parties by their law- 
ful agents, who shall then be directed to appoint, by joint con- 
sent, commissioners or judges to constitute a court for hearing and 
determining the matter in question: But if they cannot agree, 
congress shall name three persons out of each of the United States; 
and from the list of such persons each party shall alternately strike 
out one, the petitioners beginning, until the number shall be re- 
duced to thirteen; and from that number not less than seven nor 
more than nine names, as congress shall direct, shall, in the pres- 
ence of congress, be drawn out by lot, and the persons whose 
names shall be so drawn, or any five of them, shall be commis- 
sioners or judges to hear and finally determine the controversy, so 
always as a major part of the judges, who shall hear the cause, 
shall agree in the determination. And if either party shall neglect 
to attend at the day appointed, without showing reasons which 
congress shall judge sufficient, or being present shall refuse to 
strike, the congress shall proceed to nominate three persons out 
of each state, and the secretary of congress shall strike in behalf 
of such party absent or refusing; and the judgment and sentence 
of the court, to be appointed in the manner above prescribed, shall 
be final and conclusive. And if any of the parties shall refuse to 
submit to the authority of such court, or to appear, or defend their 
claim or cause, the court shall nevertheless proceed to pronounce 
sentence or judgment, which shall in like manner be final and 
decisive; the judgment or sentence and other proceedings being, 
in either case, transmitted to congress and lodged among the acts 
of congress for the security of the parties concerned: Provided 



268 WISCONSIN AND THE NATION. 

that every commissioner, before he sits in judgment, shall take an 
oath, to be administered by one of the judges of the supreme or 
superior court of the state where the cause shall be tried, " well 
and truly to hear and determine the matter in question, according 
to the best of his judgment, without favor, affection, or hope of 
reward:" Provided also, that no state shall be deprived of terri- 
tory for the benefit of the United States. 

All controversies concerning the private right of soil claimed 
under different grants of two or more states, whose jurisdiction, as 
they may respect such lands and the states which passed such 
grants, are adjusted, the said grants or either of them, being at the 
same time claimed to have originated antecedent to such settle- 
ment of jurisdiction, shall, on the petition of either party to the 
congress of the United States, be finally determined, as near as 
may be, in the same manner as is before prescribed for deciding 
disputes respecting territorial jurisdiction between different states. 

The United States, in congress assembled, shall also have the 
sole and exclusive right and power of regulating the alloy and 
value of coin struck by their own authority or by that of the re- 
spective states; fixing the standard of weights and measures 
throughout the United States; regulating the trade and managing 
ail affairs with the Indians, not members of any of the states; pro- 
vided,that the legislative right of any state within its own limits be not 
infringed or violated; establishing and regulating postoflices from 
one state to another throughout all the United States, and exacting 
such postage on the papers passing through the same as may be requi- 
site to defray the expenses of the said office; appointing all officers of 
^e land forces in the service of the United States, excepting reg- 
imental officers; appointing all the officers of the naval forces, and 
commissioning all officers whatever in the service of the United 
States; making rules for the government and regulation of the land 
and naval forces, and directing their operations. 

The United States, in congress assembled, shall have authority 
to appoint a committee to sit in the recess of congress, to be de- 
nominated a committee of the states, and to consist of one delegate 
from each state, and to appoint such other committees and civil 
officers as may be necessary for managing the general affairs of the 
United States under their direction; to appoint one of their num- 
ber to preside, provided, that no person be allowed to serve in the 
office of president more than one year in any term of three years; 



WISCONSIN AND THE NATION. 269 

to ascertain the necessary sums of money to be raised for the serv- 
ice of the United States, and to appropriate and apply the same 
for defraying the public expenses; to borrow money or emit bills 
on the credit of the United States, transmitting every half year to 
the respective states an account of the sums of money so borrowed 
or emitted; to build and equip a navy; to agree upon the number 
of land forces, and to make requisitions from each state for its 
quota, in proportion to the number of white inhabitants in such 
state, which requisition shall be binding, and thereupon the legis- 
lature of each state shall appoint the regimental officers, raise the 
men, and clothe,"arm and equip them, in a soldierlike manner, at the 
expense of the United States, and the officers and men so clothed, 
armed and equipped, shall march to the place appointed and 
within the time agreed on by the United States in Congress assem- 
bled; but if the United States in congress assembled, shall, on con- 
sideration of circumstances, judge proper that any state should not 
raise men, or should raise a smaller number than its quota, and 
that any other state should raise a greater number of men than its 
quota thereof, such extra number shall be raised, officered, 
clothed, armed and equipped in the same manner as the quota of 
such state, unless the legislature of such state shall judge that 
such extra number cannot be safely spared out of the same, in 
which case they shall raise, officer, clothe, arm and equip as many 
of such extra number as they judge can be safely spared, and the 
officers and men so clothed, armed and equipped, shall march to 
the place appointed and within the time agreed on by the United 
States in congress assembled. 

The United States, in congress assembled, shall never engage 
in a war, nor grant letters of marque and reprisal in time of peace, 
nor enter into any treaties or alliances, nor coin money, nor regu- 
late the value thereof, nor ascertain the sums and expenses neces- 
sary for the defence and welfare of the United States, or any of 
them, nor emit bills, nor borrow money on the credit of the United 
States, nor appropriate money, nor agree upon the number of ves- 
sels of war to be built or purchased, or the number of land or sea 
forces to be raised, nor appoint a commander-in-chief of the army 
or navy unless nine states assent to the same, nor shall a question 
on any other point, except for adjournment from day to day, be de- 
termined, unless by the votes of a majority of the United States in 
congress assembled. 



2*70 WISCONSIN AND THE NATION. 

The congress of the United States shall have power to adjourn 
at anytime within the year and to any place within the United States, 
so that no period of adjournment be for a longer duration than the 
space of six months; and shall publish the journal of their pro- 
ceedings monthly, except such parts thereof, relating to treaties, 
alliances or military operation?, as in their judgment require se- 
crecy; and the yeas and nays of the delegates of each state on any 
question shall be entered on the journal, when it is desired by any 
delegate; and the delegates of a state, or any of them, at his or 
their request shall be furnished with a transcript of the said jour- 
nal, except such parts as are above excepted, to lay before the 
legislatures of the several states. 

Art. X. — The committee of the states, or any nine of them, shall 
be authorized to execute, in the recess of congress, such of the powers 
of congress as the United States in congress assembled, by the con- 
sent of nine states, shall from time to time think expedient to vest 
them with; provided, that no power be delegated to the said com- 
mittee for the exercise of which, by the articles of confederation, 
ihe voice of nine states in the congress of the United States assem- 
bled is requisite. 

Art. XI. — Canada, acceding to this confederation, and joining in 
the measures of the United States, shall be admitted into and entitled 
to all the advantages of this union; but no other colony shall be 
admitted into the same, unless such admission be agreed to by 
nine states. 

Art. XII. — All bills of credit emitted, moneys borrowed, and 
debts contracted by or under the authority of congress, before the 
assembling of the United States, in pursuance of the present con- 
federation, shall be deemed and considered as a charge against the 
United States, for payment and satisfaction whereof the said United 
States and the public faith are hereby solemnly pledged. 

Art. XIII. — Every state shall abide by the determination of the 
United States, in congress assembled, on all questions which by this 
confederation, are submitted to them; and the articles of this con- 
federation shall be inviolably observed by every state, and the union 
shall be perpetual; nor shall any alteration at any time hereafter be 
made in any of them, unless such alteration be agreed to in a con- 
gress of the United States, and be afterwards confirmed by the leg- 
islatures of every state. 



WISCONSIN AND THE NATION. 271 

And whereas, it hath pleased the Great Governor of the 
world to incline the hearts of the legislatures we respectively rep- 
resent in congress to approve of and to authorize us to ratify the 
said articles of confederation and perpetual union, know ye, that 
we, the undersigned delegates, by virtue of the power and author- 
ity to us given for that purpose, do by these presents, in the name 
and in behalf of our respective constituents, fully and entirely 
ratify and confirm each and every of the said articles of confeder- 
ation and perpetual union, and all and singular the matters and 
things therein contained; and we do further solemnly plight and 
engage the faith of our respective constituents, that they shall 
abide by the determinations of the United States in congress as- 
sembled on all questions which, by the said confederation, are sub- 
mitted to them, and that the articles thereof shall be inviolably 
observed by the states we respectively represent, and that the 
union shall be perpetual. 

In witness whereof we have hereunto set our hands in congress. 

Done at Philadelphia, in the State of Pennsylvania, the 9th day 
of July, in the year of our Lord 1778, and in the third year of the 
Independence of America. 



272 WISCONSIN AND THE NATION. 



CHAPTER XVI. 

THE CONSTITUTION OF THE UNITED STATES. 

Preamble. — We, the people of the United States, in order to 
form a more perfect union, establish justice, insure domestic tran- 
quillity, provide for the common defense, promote the general 
welfare, and secure the blessings of liberty to ourselves and our 
posterity, do ordain and establish this Constitution for the United 
States of America. 

ARTICLE I. 

LEGISLATIVE DEPARTMENT. 

Section 1. — Legislative Powers. — All legislative powers 
herein granted shall be vested in a congress of the United States, 
which shall consist of a senate and house of representatives. 

Sec. 2.— House of Representatives.— The house of rep- 
resentatives shall be composed of members chosen every second 
year by the people of the several states, and the electors in each 
state shall have the qualifications requisite for electors of the most 
numerous branch of the state legislature. 

N~o person shall be a representative who shall not have attained 
the age of twenty-five years, and been seven years a citizen of the 
United States, and who shall not, when elected, be an inhabitant of 
that state in which he shall be chosen. 

Representatives and direct taxes shall be apportioned among 
the several states which may be included within this Union, ac- 
cording to their respective numbers, wmich shall be determined by 
adding to the whole number of free persons, including those 
bound to service for a term of years, and excluding Indians not 
taxed, three-fifths of all other persons. The actual enumeration 
shall be made within three years after the first meeting of the 



WISCONSIN AND THE NATION. 273 

Congress of the United States, and within every subsequent term 
of ten years, in sucn manner as they shall by law direct. The 
number of representatives shall not exceed one for every thirty 
thousand, but each state shall have at least one representative; and 
until such enumeration shall be made the state of New Hampshire 
shall be entitled to choose three, Massachusetts eight, Rhode Island 
and Providence Plantations one, Connecticut five, New York six, 
New Jersey four, Pennsylvania eight, Delaware one, Maryland six, 
Virginia ten, North Carolina five, South Carolina five, and Georgia 
three. 

When vacancies happen in the representation from any state, 
the executive authority thereof shall issue writs of election to fill 
such vacancies. 

The house of representatives shall choose their speaker and 
other officers, and shall have the sole power of impeachment. 

Sec. 3. — Senate. — The senate of the United States shall be 
composed of two senators from each state, chosen by the legisla- 
ture thereof, for six years; and each senator shall have one vote. 

Immediately after they shall be assembled in consequence of 
the first election, they shall be divided as equally as may be into 
three classes. The seats of the senators of the first class shall be 
vacated at the expiration of the second year; of the second class, 
at the expiration of the fourth year, and of the third class, at the 
expiration of the sixth year, so that one-third may be chosen every 
second year; and if vacancies happen by resignation or otherwise, 
during the recess of the legislature of any state, the executive 
thereof may make temporary appointments until the next meeting 
of the legislature, which shall then fill such vacancies. 

No person shall be a senator, who shall not have attained to the 
age of thirty years, and been nine years a citizen of the United 
States and who shall not, when elected, be an inhabitant of that 
state for which he shall be chosen. 

The vice-president of the United States shall be president of 
the senate, but shall have no vote unless they be equally divided. 

The senate shall choose their other officers, and also a president 
pro tempore in the absence of the vice-president, or when he shall 
exercise the office of president of the United States. 

The senate shall have the sole power to try all impeachments. 
When sitting for that purpose they shall be on oath or affirmation. 
18 



274 WISCONSIN AND THE NATION. 

When the president of the United States is tried the chief justice 
shall preside, and no person shall be convicted without the concur- 
rence of two-thirds of the members present. 

Judgment in cases of impeachment shall not extend further 
than to removal from office, and disqualification to hold and enjoy 
any office of honor, trust or profit under the United States; but 
the party convicted shall, nevertheless, be liable and subject to 
indictment, trial, judgment and punishment, according to law. 

Sec. 4. — Elections— Sessions. — The. times, places and man- 
ner of holding elections for senators and representatives shall be 
prescribed in each state by the legislature thereof; but the con- 
gress may at any time by law make or alter such regulations, 
except as to the places of choosing senators. 

The congress shall assemble at least once in every year, and 
such meeting shall be on the first Monday in December, unless 
they shall by law appoint a different day. 

Sec 5. — Regulations of Both Houses,— Each house shall 
be the judge of the elections, returns and qualifications of its own 
members, and a majority of each shall constitute a quorum to do 
business; but a smaller number may adjourn from day to day, and 
may be authorized to compel the attendance of absent members, in 
such manner and under such penalties as each house may provide. 

Each house may determine the rules of its proceedings, punish 
its members for disorderly behavior, and with the concurrence of 
two-thirds, expel a member. 

Each house shall keep a journal of its proceedings, and from 
time to time publish the same, excepting such parts as may in 
their judgment require secrecy, and the yeas and nays of the 
members of either house on any question shall, at the desire of 
one-fifth of those present, be entered on the journal. 

Neither house, during the session of congress, shall, without 
the consent of the other, adjourn for more than three days, nor to 
any other place than that in which the two houses shall be sitting. 

Sec. 6.— Compensation, Privileges, etc.— The senators 
and representatives shall receive a compensation for their services, 
to be ascertained by law, and paid out of the treasury of the United 
States. They shall, in all cases except treason, felony and breach 
of the peace, be privileged from arrest during their attendance at 



AVISC0NS1N AND THE NATION. 275 

the session of their respective houses, and in going to and return- 
ing from the same; and for any speech or debate in either house 
they shall not be questioned in any other place. 

No senator or representative shall, during the time for which 
he was elected, be appointed to any civil office under the authority 
of the United States which shall have been created, or the emolu- 
ments whereof shall have been increased during such time; and 
no person holding any office under the United States shall be a 
member of either house during his continuance in office. 

Sec. 7. — Bills and Laws. — All bills for raising revenue shall 
originate in the house of representatives; but the senate may pro- 
pose or concur with amendments as on other bills. 

Every bill which shall have passed the house of representatives 
and the senate, shall, before it becomes a law, be presented to the 
president of the United States; if he approve he shall sign it, but 
if not he shall return it, with his objections to that house in which 
it shall have originated, who shall enter the objections at large on 
their journal, and proceed to reconsider it. If after such recon- 
sideration two-thirds of that house shall agree to pass the bill, it 
shall be sent, together with the objections, to the other house, by 
which it shall likewise be reconsidered, and if approved by two- 
thirds of that house it shall become, a law. But in all cases the 
votes of both houses shall be determined by yeas and nays, and the 
names of the persons voting for and against the bill shall be en- 
tered on the journal of each house respectively. If any bill shall 
not be returned by the president within ten days (Sundays ex- 
cepted) after it shall have been presented to him, the same shall 
be a law, in like manner as if he had signed it, unless congress by 
their adjournment prevents its return, in which case it shall not be 
a law. 

Every order, resolution or vote to which the concurrence of the 
senate and house of representatives may be necessary (except on a 
question of adjournment) shall be presented to the president of the 
United States; and before the same shall take effect, shall be ap- 
proved by him, or, oeing disapproved by him, shall be repassed by 
two-thirds of the senate and house of representatives, according to 
the rules and limitations prescribed in the case of a bill. 

Sec. 8. — Powers of Congress. — The congress shall have 
power to lay and collect taxes, duties, imposts and excises, to pay 
the debts and provide for the common defense and general welfare 



276 WISCONSIN AND THE NATION. 

of the United States; but all duties, imposts and excises shall be 
uniform throughout the United States; 

To borrow money on the crodit of the United States; 

To regulate commerce with foreign nations, and among the 
several states, and with the Indian tribes; 

To establish an uniform rule of naturalisation, and uniform 
laws on the subject of bankruptcies throughout the United States; 

To coin money, regulate the value thereof, and of foreign coin, 
and fix the standard of weights and measures; 

To provide for the punishment of counterfeiting the securities 
and current coin of the United States; 

To establish post offices and post roads; 

To promote the progress of science and useful arts, by securing 
for limited times to authors and inventors the exclusive right to 
their respective writings and discoveries; 

To constitute tribunals inferior to the supreme court; 

To define and punish piracies and felonies committed on the 
high seas, and offenses against the laws of nations; 

To declare war, grant letters of marque and reprisal, and niake 
rules concerning captures on land and water; 

To raise and support armies, but no appropriation of money to 
that use shall be for a longer term than two years; 

To provide and maintain a navy; 

To make rules for the government and regulation of the land 
and naval forces; 

To provide for calling forth the militia to execute the laws of 
the Union, suppress insurrections and repel invasions; 

To provide for organizing, arming, and disciplining the militia, 
and for governing such part of them as may be employed in the 
service of the United States, reserving to the states respectively, 
the appointment of the officers, and the authority of training the 
militia according to the discipline prescribed by congress; 

To exercise exclusive legislation in all cases whatsoever, over 
such district (not exceeding ten miles square) as may, by cession 
of particular states, and the acceptance of congress, become the 
seat of government of the United States, and to exercise like 
authority over all places purchased by the consent of the legis- 
lature of the state in which the same shall be, for the erection of 
forts, magazines, arsenals, dockyards, and other needful buildings; 
and 



WISCONSIN AND THE NATION. 211 

To make all laws which shall be necessary and proper for 
carrying into execution the foregoing powers, and all other powers 
vested by this constitution in the government of the United States, 
or in any department or officer thereof. 

Sec. 9.— Limitations Upon the Powers of Congress.— 

The migration or importation of such persons as any of the states 
now existing shall think proper to admit, shall not be prohibited 
by the congress prior to the year one thousand eight hundred and 
eight, but a tax or duty may be imposed on such importation, not 
exceeding ten dollars for each person. 

The privilege of the writ of habeas corpus shall not be sus- 
pended, unless when in cases of rebellion or invasion the public 
safety may require it. 

No bill of attainder or ex post facto law shall be passed. 

No capitation, or other direct tax shall be laid, unless in pro- 
portion to the census or enumeration hereinbefore directed to be 
taken. 

No tax or duty shall be laid on articles exported from any state. 

No preference shall be given by any regulation of commerce or 
revenue to the ports of one state over those of another; nor shall 
vessels bound to, or from one state, be obliged to enter, clear or 
pay duties in another. 

No money shall be drawn from the treasury, but in consequence 
of appropriations made by law; and a regular statement and 
account of the receipts and expenditures of all public money shall 
be published from time to time. 

No title of nobility shall be granted by the United States; and 
no person holding an office of profit or trust under them, shall, 
without the consent of the congress, accept of any present, emolu- 
ment, office or title of any kind whatever, from any king, prince or 
foreign state. 

Sec. 10.— Limitations Upon the Powers of States.— No 

state shall enter into any treaty, alliance or confederation; grant 
letters of marque and reprisal; coin money, emit bills of credit; 
make anything but gold and silver coin a tender in payment of 
debts; pass any bill of attainder, ex post facto law, or law impair- 
ing the obligation of contracts, or grant any title of nobility. 

No state shall, without the consent of the congress, lay any im- 
posts or duties on imports or exports, except what may be abso- 



2 78 WISCONSIN AND THE NATION. 

lutely necessary for executing its inspection laws; and the net 
produce of all duties and imposts, laid by any state on imports or 
exports, shall be for the use of the treasury of the United States; 
and all such laws shall be subject to the revision and control of the 
congress. 

No state shall, without the consent of congress, lay any duty "of 
tonnage, keep troops or ships of war in time of peace, enter into 
any agreement or compact with another state, or with a foreign 
power, or engage in war, unless actually invaded, or in such immi- 
nent danger as will not admit of delay. 

ARTICLE II. 

EXECUTIVE DEPARTMENT. 

Section 1. — The President. — The executive power shall be 
vested in a president of the United States of America. He shall 
hold his office during the term of four years, and together with the 
vice president, chosen for the same term, be elected as follows: 

Each state shall appoint, in such manner as the legislature 
thereof may direct, a number of electors, equal to the whole num- 
ber of senators and representatives to which the state may be 
entitled in the congress; but no senator or representative, or 
person holding an office of trust or profit under the United States 
shall be appointed an elector. 

The electors shall meet in their respective states, and vote by 
ballot for two persons, of whom one at least shall not be an inhab- 
itant of the same state with themselves. And they shall make a 
list of all the persons voted for, and of the number of votes for 
each; which list they shall sign and certify, and transmit, sealed, 
to the seat of government of the United States, directed to the 
president of the senate. The president of the senate shall, in the 
presence of the senate and house of representatives, open all the 
certificates, and the votes shall then be counted. The person hav- 
ing the greatest number of votes shall be the president, if such 
number be a majority of the whole number of electors appointed; 
and if there be more than one who have such a majority, and have 
an equal number of votes, then the house of representatives shall 
immediately choose by ballot one of them president; and if no 
person have a majorhYy, then from the five highest on the list the 
said house shall in like manner choose the president. But in 



WISCONSIN AND THE NATION. 279 

choosing the president, the votes shall be taken by states, the 
representation from each state having one vote; a quorum for this 
purpose shall consist of a member or members from two-thirds of 
the states, and a majority of all the states shall be necessary to a 
choice. In every case, after the choice of the president, the per- 
son having the greatest number of votes of the electors, shall be 
the vice president. But if there should remain two or more who 
have equal votes, the senate shall choose from them by ballot the 
vice president. 

The congress may determine the time of choosing the electors, 
and the day on which they shall give their votes; which day shall 
be the same throughout the United States. 

No person except a natural-born citizen, or a citizen of the 
United States, at the time of the adoption of this constitution, shall 
be eligible to the office of president; neither shall any person be 
eligible to that office who shall not have attained to the age of 
thirty-five years, and been fourteen years a resident within the 
United States. 

In case of the removal of the president from office, or of his 
death, resignation, or inability to discharge the powers and duties 
of the said office, the same shall devolve on the vice president, and 
the congress may by law provide for the case of removal, death, 
resignation or inability both of the president and vice president, 
declaring what officer shall then act as president, and such officer 
shall act accordingly, until the disability be removed, or a presi- 
dent shall be elected. 

The president shall, at stated times, receive for his services a 
compensation which shall be neither increased nor diminished dur- 
ing the period for which he shall have been elected, and he shall 
not receive within that period any other emolument from the 
United States, or any of them. 

Before he enters on the execution of his office, he shall take the 
following oath or affirmation: 

" I do solemnly swear (or affirm) that I will faithfully execute 
the office of president of the United States, and will, to the best of 
my ability, preserve, protect, and defend the constitution of the 
United States." 

Sec. 2.— His Powers and Duties.— The president shall be 
commander-in-chief of the army and navy of the United States, 
and of the militia of the several states, when called into the 



280 WISCONSIN AND THE NATION. 

actual service of the United States; he may require the opinion, 
in writing, of the principal officer in each of the executive depart- 
ments, upon any subject relating to the duties of their respective 
offices, and he shall have power to grant reprieves and pardons for 
offenses against the United States, except in cases of impeachment. 

He shall have power, by and with the advice and consent of the 
senate, to make treaties, provided two-thirds of the senators pres- 
ent concur; and he shall nominate, and by and with the advice and 
consent of the senate, shall appoint ambassadors, other public min- 
isters and consuls, judges of the Supreme Court, and all other offi- 
cers of the United States, whose appointments are not herein 
otherwise provided for, and which shall be established by law; but 
the congress may by law vest the appointment of such inferior 
officers as they may think proper, in the president alone, in the 
courts of law or in the heads of departments 

The president shall have power to fill up all vacancies that may 
happen during the recess of the senate, by granting commissions 
which shall expire at the end of their next session. 

Sec. 3.— His Duties and Powers as to Congress.— 

He shall from time to time give to the congress such informa- 
tion of the state of the Union, and recommend to their consid- 
eration such measures as he shall judge necessary and expedient; 
he may on extraordinary occasions convene both houses, or either 
of them, and in case of disagreement between them, with respect 
to the time of adjournment, he may adjourn them to such time as 
he shall think proper; he shall receive ambassadors and other 
public ministers; he shall take care that the laws be faithfully 
executed, and shall commission all of the officers of the United 
States. 

Sec. 4. — Forfeiture of Office. — The president, vice presi- 
dent, and all civil officers of the United States, shall be removed 
from office on impeachment for, and conviction of treason, bribery, 
or other high crimes and misdemeanors. 

ARTICLE III. 

JUDICIAL DEPARTMENT. 

Section 1.— Judicial Power.— The judicial power of the 
United States shall be vested in one Supreme Court, and in such 
inferior courts as the congress may from time to time ordain and 



WISCONSIN AND THE NATION. 281 

establish. The judges, both of the supreme and inferior courts, 
shall hold their offices during good behavior, and shall at stated 
times receive for their services a compensation which shall not be 
diminished during their continuance in office. 

Sec. 2. Extent of Judicial Power.— The judicial power 
shall extend to all cases, in law and equity, arising under this con- 
stitution, the laws of the United States, and treaties made or which 
shall be made, under their authority; to all cases affecting ambass- 
adors, other public ministers and consuls; to all cases of admiralty 
and maritime jurisdiction; to controversies to which the United 
States shall be a party; to controversies between two or more 
states; between a state and citizens of another state; between citi- 
zens of different states; between citizens of the same state claim- 
ing lands under grants of different states, and between a state or 
the citizens thereof, and foreign states, citizens or subjects. 

In all cases affecting ambassadors, other public ministers and 
consuls, and those in which a state shall be a party, the Supreme 
Court shall have original jurisdiction. In all the other cases before 
mentioned, the Supreme Court shall have appellate jurisdiction, 
both as to law and fact, with such exceptions and under such regu- 
lations as the congress shall make. 

The trial of all crimes, except in cases of impeachment, shall 
be by jury; and such trial shall be held in the state where the said 
crime shall have been committed; but when not committed within 
any state, the trial shall be at such place or places as the congress 
may by law have directed. 

Sec. 3.— Treason.— Treason against the United States shall 
consist only in levying war against them, or in adhering to their 
enemies, giving them aid and comfort. No person shall be con- 
victed of treason unless on the testimony of two witnesses to the 
same overt act, or on confession in open court. 

The congress shall have power to declare the punishment of 
treason, but no attainder of treason shall work corruption of blood 
or forfeiture except during the life of the person attainted. 

ARTICLE IV. 

GENERAL PROVISIONS. 

Section 1.— Acts, Records and Proceedings in Other 
States. Full faith and credit shall be given in each state to tne 



282 WISCONSIN AND THE NATION. 

public acts, records, and judicial proceedings of every other state. 
And the congress may by general laws prescribe the manner in 
which such acts, records and proceedings shall be proved, and the 
effect thereof. 

Sec. 2.— Personal Rights.— The citizens of each state shall 
be entitled to all privileges and immunities of citizens in the sev- 
eral states. 

A person charged in any state with treason, felony or other 
crime, who shall flee from justice, and be found in another state, 
shall, on demand of the executive authority of the state from which 
he fled, be delivered up, to be removed to the state having juris- 
diction of the crime. 

No person held to service or labor in one state, under the laws 
thereof, escaping into another, shall, in consequence of any law or 
regulation therein, be discharged from such service or labor, but 
shall be delivered up on claim of the party to whom such service 
or labor may be due. 

Sec. 3.— Admission of States.— Territories.— New states 
may be admitted by the congress into this Union; but no new state 
shall be formed or erected within the jurisdiction of any other 
state; nor any state be formed by the junction of two or more 
states, or part of states, without the consent of the legislature of the 
states concerned as weli as of the congress. 

The congress shall have power to dispose of and make all need- 
ful rules and regulations respecting the territory or other property 
belonging to the United States; and nothing in this constitution 
shall be so construed as to prejudice any claims of the United 
States, or of any particular state. 

Sec. 4. — Republican Form of Government. — The United 
States shall guarantee to every state in this Union a republican 
form of government, and shall protect each of them against inva- 
sion, and on application of the legislature, or of the executive 
(when the legislature cannot be convened) against domestic 
violence. 

ARTICLE V. 

HOW AMENDED. 

The congress, whenever two-thirds of both houses shall deem it 
necessary, shall propose amendments to this constitution, or, on the 



WISCONSIN AND THE NATION. 283 

application of the legislature of two-thirds of the several states, 
shall call a convention for proposing amendments, which in either 
case shall be valid to all intents and purposes, as part of this con- 
stitution, when ratified by the legislatures of three-fourths of the 
several states, or by conventions in three-fourths thereof, as the one 
or the other mode of ratification may be proposed by the congress; 
provided that no amendment which may be made prior to the year 
one thousand eight hundred and eight, shall in any manner affect 
the first and fourth clauses in the ninth section of the first article; 
and that no state, without its consent, shall be deprived of its equal 
suffrage in the senate. 

ARTICLE YI. 

EFFECT OF THE CONSTITUTION. 

All debts contracted, and engagements entered into, before the 
adoption of this constitution, shall be as valid against the United 
States under this constitution as under the confederation. 

This constitution, and the laws of the United States which shall 
be made in pursuance thereof, and all treaties made, or which shall 
be made, under the authority of the United States, shall be the 
supreme law of the land; and the judges in every state shall be 
bound thereby, anything in the constitution or laws of any state to 
the contrary notwithstanding. 

The senators and representatives before mentioned, and the 
members of the several state legislatures, and all executive and 
judicial officers, both of the United States and of the several 
states, shall be bound by oath or affirmation, to support this 
constitution; but no religious test shall ever be required as a 
qualification to any office or public trust under the United States. 

ARTICLE VII. 

ESTABLISHMENT OF THE CONSTITUTION. 

The ratification of the convention of nine states shall be suffi- 
cient for the establishment of this constitution between the states 
so ratifying the same. 

Bone in convention by the unanimous consent of the states pres- 
ent, the seventeenth day of September, in the year of our 
Lord one thousand seven hundred and eighty- seven, and of 



284 WISCONSIN AND THE NATION. 

the independence of the United States of America the 
twelfth. In witness whereof we have hereunto subscribed 
our names: 
Geo. Washington, President and Deputy from Virginia. 
New Hampshire — John Langdon, Nicholas Gilman. 
Massachusetts — Nathaniel Gorham, Rufus King. 
Connecticut — William Samuel Johnson, Roger Sherman. 
New York— Alexander Hamilton. 

New Jersey — William Livingston, David Brearly, William Patter- 
son, Jonathan Dayton. 
Pennsylvania — Benjamin Franklin, Thomas Mifflin, Robert Mor- 
ris, George Clymer, Thomas Fitzsimons, Jared Ingersoll, James 
Wilson, Gouverneur Morris. 
Delaware — George Read, Gunning Bedford, Jr., John Dickinson, 

Richard Bassett, Jacob Broom. 
Maryland— James McHenry, Daniel of St. Thomas Jenifer, Daniel 

Carroll. 
Virginia— John Blair, James Madison, Jr. 
North Carolina — William Blount, Richard Dobbs Spaight, Hugh 

Williamson. 
South Carolina — John Rutledge, Charles Cotesworth Pinckney, 

Charles Pinckney, Pierce Butler. 
Georgia — William Few, Abraham Baldwin. 

Attest: William Jackson, Secretary. 

AMENDMENTS. 

[The first ten amendments were proposed at the first session of 
thefirst Congress of the United States, which was begun and held 
at the city of New York, on the 4th of March, 1789, and were 
adopted by the requisite number of states. — 1 vol. Laws of U. S., 
p. 72.] 

[The preamble and resolution following, preceded the original 
proposition of the amendments, and, as they have been supposed 
by a high equity judge (8 Wendell's reports, p. 100) to have an 
important bearing on the construction of those amendments, they 
are here inserted. They will be found in the journals of the first 
session of the first congress.] 

Congress of the United States, begun and held at the city of 
New York, on Wednesday, the 4th of March, 1789. The conven- 
tions of a number of the states having at the time of their adopting 



WISCONSIN AND THE NATION. 285 

the constitution, expressed a desire, in order to prevent miscon- 
struction or abuse of its powers, that further declaratory and 
restrictive clauses should be added; and as extending the ground 
of public confidence in the government, will best insure the benefi- 
cent ends of its institution, — 

Resolved by the Senate and House of Representatives of the United 
States of America, in Congress assembled, two-thirds of both houses 
concurring, That the following articles be proposed to the legis- 
latures of the several states, as amendments to the constitution of 
the United States, all or any of which articles, when ratified by 
three-fourths of said legislatures, to be valid to all intents and 
purposes as part of said constitution, namely: 

ARTICLE I. 

Freedom of Speech, Press and Religion.— Congress 
shall make no law respecting an establishment of religion, or pro- 
hibiting the exercise thereof; cv abridging the freedom of speech, 
or of the press; or the right of the people peaceably to assemble, 
and to petition the government for a redress of grievances. 

ARTICLE II. 

Right to Bear Arms. — A well regulated militia, being 
necessary to the security of a free state, the right of the people to 
keep and bear arms shall not be infringed. 

ARTICLE III. 

Quartering- Soldiers. — No soldier shall in time of peace, 
be quartered in any house, without the consent of the owner, nor 
in time of war, but in a manner to be prescribed by law. 

ARTICLE IV. 

Search Warrants.— The right of the people to be secure 
in their persons, houses, papers and effects, against unreasonable 
searches and seizures, shall not be violated, and no warrants shall 
issue, but upon probable cause, supported by oath or affirmation, 
and particularly describing the place to be searched, and the per- 
sons or things to be seized. 



286 WISCONSIN AND THE NATION. 

ARTICLE Y. 

Personal and Property Rights.— No person shall be held 
to answer for a capital, or otherwise infamous crime, unless on a 
presentment or indictment of a grand jury, except in cases arising 
in the land or naval forces, or in the militia, when in actual service 
in time of war or public danger; nor shall any person be subject 
for the same offense to be twice put in jeopardy of life or limb; 
nor shall be compelled in any criminal case to be a witness against 
himself nor be deprived of life, liberty, or property, without due 
process of law; nor shall private property be taken for public use, 
without just compensation. 

ARTICLE VI. 

Rights of Accused. — In all criminal prosecutions the 
accused shall enjoy the right to a speedy and public trial, by an 
impartial jury of the state and district wherein the crime shall 
have been committed, which district shall have been previously 
ascertained by law, and to be informed of the nature and cause of 
the accusation; to be confronted with the witnesses against him; 
to have compulsory process for obtaining witnesses in his favor, 
and to have the assistance of counsel for his defense. 

ARTICLE VII. 

Jury Trial. — In suits at common law, where the value in 
controversy shall exceed twenty dollars, the right of trial by jury 
shall be preserved, and no fact tried by a jury shall be otherwise 
re-examined in any court of the United States, than according to 
the rules of the common law. 

ARTICLE VIII. 

Excessive Bail and Fines. — Excessive bail shall not be 
required, nor excessive fines imposed, nor cruel and unusual pun- 
ishments inflicted. 

ARTICLE IX. 

Construction of the Constitution. — The enumeration in 
the constitution, of certain rights shall not be construed to deny or 
disparage others retained by the people. 



WISCONSIN AND THE NATION. 287 

ARTICLE X. 

Powers not Delegated, Reserved. — The powers not 
delegated to the United States by the constitution, nor prohibited 
by -it to the states, are reserved to the states respectively, or to the 
people. 

ARTICLE XL 

Suits Against a State. — The judicial power of the United 
States shall not be construed to extend to any suit in law or equity, 
commenced or prosecuted against one of the United States by 
citizens of another state, or by citizens or subjects of any foreign 
state. 

ARTICLE XII. 

Choosing" the President. — The electors shall meet in their 
respective states and vote by ballot for president and vice-presi- 
dent, one of whom at least, shall not be an inhabitant of the same 
state with themselves; they shall name in their ballots the persons 
voted for as president, and in distinct ballots the person voted for 
as vice-president, and they shall make distinct lists of all persons 
voted for as president, and of all persons voted for as vice-presi- 
dent, and of the number of votes for each; which list they shall 
sign and certify, and transmit sealed to the seat of government of 
the United States, directed to the President of the senate. The 
president of the senate shall, in the presence of the senate and 
house of representatives, open all the certificates, and the votes 
shall then be counted; the person having the greatest number of 
votes for president shall be the president, if such number be a 
majority of the whole number of electors appointed; and if no 
person have such majority, then from the persons having the 
highest numbers, not exceeding three on the list of those voted 
for as president, the house of representatives shall choose imme- 
diately, by ballot, the president. But in choosing the president, 
the vote shall be taken by states, the representation from each 
state having one vote; a quorum for this purpose shall consist of 
a member or members from two-thirds of the states, and a majority 
of all the states shall be necessary to a choice. And if the house 
of representatives shall not choose a president whenever the right 



288 WISCONSIN AND THE NATION. 

of choice shall devolve upon them, before the fourth day of March 
next following, then the vice-president shall act as president, as in 
the case of the death or other constitutional disability of the 
president. 

The person having the highest number of votes as vice-presi- 
dent shall be the vice-president, if such number be a majority of 
the whole number of electors appointed, and if no person have a 
majority, then from the two highest numbers on the list, the 
senate shall choose the vice-president; a quorum for the purpose 
shall consist of two-thirds of the whole number of senators, and a 
majority of the whole number shall be necessary to a choice. But 
no person constitutionally ineligible to the office of president shall 
be eligible to that of vice-president of the United States. 

ARTICLE XIII. 

Section 1. — Slavery. — Neither slavery nor involuntary servi- 
tude, except as a punishment for crime, whereof the party shall 
have been duly convicted, shall exist within the United States, or 
any place subject to their jurisdiction. 

Sec. 2. — Congress shall have power to enforce this article by 
appropriate legislation. 

ARTICLE XIV. 

RECONSTRUCTION. 

Section 1. — Citizenship. — All persons born or naturalized in 
the United States, and subject to the jurisdiction thereof, are 
citizens of the United States, and of the state wherein they reside. 
No state shall make or enforce any law which shall abridge the 
privileges or immunities of citizens of the United States, nor shall 
any state deprive any person of life, liberty or property without 
due process of law, nor deny to any person within its jurisdiction 
the equal protection of the laws. 

Sec 2.— Representation. — Representatives shall be appor- 
tioned among the several states according to their respective num- 
bers, counting the whole number of persons in each state, exclud- 
ing Indians not taxed. But when the right to vote at any election 
for the choice of electors for president and vice-president of the 



WISCONSIN AND THE NATION. 289 

United States, representatives in congress, the executive and 
judicial officers of a state, or the members of the legislature there- 
of, is denied to any of the male inhabitants of such state, being 
twenty-one years of age, and citizens of the United States, or in 
any way abridged, except for participation in rebellion or other 
crime, the basis of representation therein shall be reduced in the 
proportion which the number of male citizens shall bear to the 
whole number of male citizens twenty-one years of age in such 
state. 

Sec. 3.— Rebels Disqualified.— No person shall be a sena- 
tor or representative in congress, or elector of president or vice- 
president, or hold any office, civil or military, under the United 
States, or under any state, who, having previously taken an oath as 
member of congress, or as an officer of the United States, or as a 
member of any state legislature, or as an executive or judicial 
officer of any state, to support the constitution of the United States, 
shall have engaged in insurrection or rebellion against the same, 
or given aid or comfort to the enemies thereof; but congress may, 
by a vote of two-thirds of each house, remove such disability. 

Sec. 4.— The War Debt.— The validity of the public debt of 
the United States, authorized by law, including debts incurred for 
payment of pensions and bounties for services in suppressing the 
insurrection or rebellion, shall not be questioned. But neither the 
United States nor any state shall assume or pay any debt or obliga- 
tion incurred in aid of insurrection or rebellion against the United 
States, or any claim for the loss or emancipation of any slave; but 
all such debts, obligations and claims shall be held illegal and 
void. 

Sec. 5. — The congress shall have power to enforce, by appro- 
priate legislation, the provisions of this article. 

ARTICLE XV. 
Section 1. — Right to Vote. — The right of the citizens of the 
United States to vote shall not be denied or abridged by the United 
States or by any state on account of race, color or previous condi- 
tion of servitude. 

Sec 2.— The congress shall have power to enforce this article 
by appropriate legislation. 
19 



INDEX. 



Page 
Appropriations, . . . 207,213 
Admission of states, . . 241 

Amendments to federal constitu- 
tion, how made, ... 242 
Accused persons, rights of, 86, 247, 248 
Arms, right to hear, ... 254 
Articles of confederation, . . 263 
Amendment of constitution, fed- 
eral, , .... 282 
Amendments, federal, . . .284 

Army, .202 

Administrative officers, . 34. 156 
Amendment of constitution, state, 168 
Amendments to state constitution, 176 
Accused persons, rights of, . 176 
Attorney, city, .... 81 
Assembly and petition, right of, 85 
Attainder, hill of , ... 89 
Aliens, resident, .... 91 

Assessors, 75 

Arbitration and award, . . 53 
Actions, criminal and civil, . 54 
Attorney-general, state, . . 36 
Adjournments of legislature, . 21 
Assembly, state, .... 17 
Assemblymen, term of office and 
election of, ... . 17 



B 



Bill of attainder. 


. 206 


211 


Bills of credit, . 




210 


Bill of rights, . 


. 83 


,245 


Bankruptcy, 


. 


199 


Boundaries of state, 




147 


Books, text, free, 


. 


131 


Ballots, official, 


. 


106 


Banks, . 




122 


Bail and punishment, 


excessive, 


86 


Bills, . . . . 




. 24 



Page 
Concurrent powers, ... 204 
Contracts, impairment of, . . 211 
Cabinet officers, 221 ; duties of, 222 
Courts, federal, jurisdiction of, 231, 232 
Circuit courts, .... 233 
Circuit court of appeals, . . 234 
Court of claims, ... 234 

Courts of territories, . . . 239 
Criminal prosecutions, . . 247 
Criminals, requisition of, . . 251 
Confederation, articles of, . 263 
Constitution, federal, copy of, . 272 
Congress, powers of, . . 275 

Congress, powers of, 196; taxation, 
197; borrow money, 198; over 
commerce, 198; over natural- 
ization of aliens, 198; as to 
bankruptcy laws, 199; money, 
199; postal system, 200; copy- 
rights, 200; patents, 201 ; crimes 
of seas, 201; war, declaration 
of, 201; letters of marque and 
reprisal, 202; army, 202; navy, 
203; District of Columbia, . 203 

Copyrights, 200 

Constitution, federal explanation, 18* 

Congress, 187 

Congress, officers of, 191; sessions, 
192; contested seats in, 192; 
quorum, 192; procedure, rules 
of, 192; proceedings, publicity 
of, 193; adjournments of, 193; 
compensation of members, 
194; privileges of members, 
194; disability of members, . 194 
Commerce, interstate, . . 198 
Certiorari, writ of, ... 47 

Courts of record, ... 47 
Circuit courts, circuits, etc., 48; 
jurisdiction of, 49 



291 



292 



INDEX. 



Page 
Circuit judges, election of , 49; va- 

canies, 49; qualifications, 50; 

removal by address, . 
County courts, 51; jurisdiction 

Code, 

Court commissioners, . 
County and town government, 
Corporation, definition, . 
County seat, .... 
Common law, 

Contempt, punishment for, 
Compensation, extra to officials 
Constitutions, definition, etc., 

Census, 

County Superintendents, 
Compulsory education, 
City schools, .... 
Constitution, state, 
Counties, division of, 
County seat, change of, 
Citizenship, state, . 
Citizenship, U. S., 
Caucuses, .... 

Claims, against state, 
Corporations, .... 
Corporations, organization of 
Constitutional convention, . 
Common schools, 
Clerk, city, .... 
County officers, . 
Clerk, county, .... 
Coroner, .... 
Clerk of circuit court, . 
County officers, outline of, 
Clerk, town, .... 
Constables, 

Charters, villages and cities, 
City officers, 
Council, city, .... 



97 

100, 102 

101 

105 

113 

120, 167 

121 

. 124 

126 

81 

63 

04 

66 

67 

70 

74 

75 



District of Columbia, 

Duties, 

District Courts, . 
Due process of law, 
Declaration of Independence, 

Dueling, 

Disqualification for office, 



203 

211 
232 
247 
258 
95 
95 



Debts, state 114 

Debts, war, 115 

Districts, school, . . . .126 

Debt, imprisonment for, . . 91 

District Attorney 67 

Debate, privilege in, ... 23 

Divorces, 25 

Democracy, .... 10 

E 

Express and implied powers, . 203 

Exports, 211 

Executive department, federal, . 214 
Electoral college, 217; when 

elected, 218 

Executive department, federal, 278 
Executive department, state, 153, 156 

Eminent domain, state, . . 164 
Education, , 164, 166 

Electors, qualifications of, . 176 

Education, compulsory, . . 129 

Education, purposes of, . . 133 

Educational institutions . . 133 

Electors, on Indian lands, . 96 

Elections, 99 

Elections, when held, . . 107 
Elections, municipal, sample bal- 
lot, 108 

Eminent domain, ... 118 

Escheat, 119 

Education, 126 

Equality, 84 

Eminent domain, right of, . 90 

Exemptions, .... 92 

Eligibility for office, ... 22 

Executive of state, ... 30 

Executive department, state, 30 

F 

Federal officers, outline of . . 228 
Finance, state, . . . 162, 163 
Free high schools, . . .130 

Free text books, ... 131 
Form of government, ... 99 
Finance, .... 109,113 
Fiscal bills, vote on, . . .116 

Freedom, 84 

Freedom, religious, ... 93 



INDEX. 



Gifts to officials. 

Grand jury, . 

Governor 

Governor, election of, 30; compen- 
sation of, 31; powers and du- 
ties of, 31 ; message of, 

Government, definition, 

Governments, kinds, 

Government, purposes of, . 

Government, department of, . 

H 



Page 
208 
, 246 
30 



Habeas corpus, writ of, 
House of representatives, 



45, 205 
272 



Imposts 211 

Indictment by grand jury, . . 24G 
Interstate privileges and immuni- 
ties 250 

Impeachment, .... 97 

Improvements, internal, . 116 

Incorporation 78 

Injunction, .... 46 

Insurance commissioner, state, . 37 

Immigration 205 



Judicial department, federal, 229 
Judges, federal, terms of office, 

salary, 234 

Jurisdiction of federal courts . 238 
Judicial officers, federal, outline 

of 240 

Juries, .... 246,248,255 
Jeopardy, twice in, . . . 247 
Judicial department, federal, . 280 
Judiciary, state, . . 156, 162 

Jurisdiction, extent of state, . 118 
Justices of police and police jus- 
tices, city, .... 82 
Jury, trial by, ... 85 

Jury, grand, 87 

Justice of the peace, . . 75 

Justice courts, 52; jurisdiction, 53 



Jurisdiction of state courts, 
Judicial department, outline of, 
Judicial department, state, 
Judiciary, state, 
Judges, removal of by address. 



Page 

. 53 

57 

. 40 

40 

50 



Legal tender, .... 210 
Laws of the United States . 230 

Legislative department, federal 272 
Letters of marque and repris- 
al, . , . . . 202, 210 
Legislative department, United 

States 187 

Laws of United States, . . 194 
Legislature, state. . . 150, 153 



Legislative department, state, 
Lieutenant governor, election of, 
Lieutenant governor, duties of, etc. 
Legislature, officers of, 
Legislature, publicity, 
Legislature, adjournment, 
Legislature, meetings of, 
Legislators, eligibility for office, 
Legislature, vacancies, 
Legislators, compensation, 

Lotteries 

Laws, how make, 
Legislature of the state . 
Legislature.qualifications of mem- 
bers, 

Legislature, judges of membership 

in, 

Legislature, rules, contempt, 



16 



M 

Money, appropriations of, . 207 

Message, president's . . 225 

Money, 199, 200 

Municipal government, . . 77 

Municipalities, what are, . . 77 

Mayor, 81 

Mandamus, writ of, 45 

Meetings of legislature, . . 21 

Municipal legislation, . . 27 

Monarchy .... 9 



294 



INDEX. 



Nobility, .... 
Naturalization, 
Navy, .... 
National government, origin. 



207 
198 
203 
182 



Page 
Private legislation, ... 26 
Preamble of the state constitution, 14 



Quo warranto. 

Quorum, state legislature, 



Official records, ... 241 

Official oaths, .... 244 

Ordinance of 1787, copy of, . 136 

Offices, appointive, state, . . 37 

Ordinance of 1787, ... 7 



Powers of congress, restrictions 

on 205 

Ports, preferences to, . . 207 
President, 215; term of office, 215; 
election of, 216; qualifications 
of,2l8; vacancies in office, 218; 
salary, 219; oath of office, 
219; powers and duties of, 
221; appointive, 224; make 
treaties, 224; pardons and re- 
prieves, 223; receives ambas- 
sadors, 226; executes the laws, 
226; commander-in-chief, 221 ; 
convene congress, special ses- 
sions, 225 

Postal system, .... 200 

Petit jury .... 248,255 

Private property for public use, 255 
Powers of congress, ... 275 
Powers of, limitations of, . 277 

Powers of states, limitations of, 277 
President, .... 278 

Patents, ...... 201 

Political year, ... 95 
Parties, political, . . . 104 
Political parties, ... 104 
Power, territorial extent of, . lis 
Public corporations, indebted- 
ness of, 122 

Power, civil and military, . 94 

Pardons, by governor, . . 32 
Printing and stationery contracts, 25 



Restrictions upon states, . 2C9 
Republican form of government, 252 
Religion, freedom of, . , 252 
Rights reserved to people, . . 255 
Reconstruction. . . . 288 
Representatives, election of, 187; 
qualifications of, 188; member 
of, 188; vacancies, . . .187 
Registration of voters, . . 100 
Register of deeds, ... 63 
Railroad commissioner, state, 36 

Rules, of legislation, ... 19 
Republic, 10 



s 



States, restrictions upon, . . 209 
Supreme court, ... 234 
Supreme law of the land, . . 244 
Speech, freedom of, . . 253 
Soldiers, quartering on citizens, 254 
Search warrants, ... 254 

Slavery, 256 

Senate, federal, ... 273 
States, powers of and limitations, 277 
State rights, .... 1S5 
Sovereignty of states, of nations, 185 
Senate, U. S., 189; president of, 190 
Senators, U. S., 189; qualifica- 
tions of, 189; vacancies, . 190 
Suffrage, qualifications for, . . 149 
Schools, .... 164, 166 
Studies, school, ... 128 

Superintendents, county, . . 129 
School libraries, ... 129 

Schools, free high, . . .130 
State superintendent, appeals to, 130 
Schools, city, .... 131 



INDEX. 



295 



Page 

Schools, township system of, 131 

School fund 133 

School taxes, .... 132 
State institutions, . . .132 

State credit, loan of, . . 114 

State debts, 114 

Social problems, ... 120 

Schools, common, ... 126 

School, districts, ... 126 

School board, ... 127 

School meetings, ... 127 

School board, duties of, . . 128 

Sovereignty, .... 83 

Slavery, 84 

Speech, freedom of, . . 84 

Searches and seizures, . . 88 

Superintendent of schools, . 64 

Sheriff, 65 

Surveyor, county, .... 69 

Supreme court, reports of, . 48 
State, county and town, relations 

of, ..... 59 

Supervisors, county board of, . 62 

State officers 34 

Secretary of state of Wisconsin, 35 

Superintendent, state . . 36 

State officers, outline of, . . 39 

State, law of, ... 41 
Supreme court, 43; justices of, 43; 

jurisdiction of, . . . 44 

Sessions of legislature, . . 21 

State, suits against, . . 26 
State, definition, . . . .12 

States, equality of, . . . 13 

State government, change to, . 13 

State, organization of, . . 13 

Senate, state, 1q 
Senators, state, term of office, 

election of, 16 



Treaties, 


209, 213 


Tonnage, 


212 


Troops and war ships, 


212 


Territories, 


. 239.242 


Treason, 


249, 281 





Page 


Taxation, federal, . 


. 197 


Taxation, state, 


162, 163 


Teachers. .... 


. 128 


Text books, free, 


131 


Taxes, school, 


. 132 


Taxation, .... 


109 


Taxes, kinds of , . . . 


. 109 


Taxation, methods of, 


. 110 


Taxation, uniform, 


. 112 


Tax, annual, 


. 114 


Treasurer, city, 


. 81 


Treason, against the state, 


88 


Tenure, land, 


. 90 


Tests, religious, . 


93 


Treasurer, county, 


. 65 


Town officers, 


73 


Town board, 


. 74 


Treasurer, town, 


75 


Town officers, outline of, 


. 76 


Treasurer, state, 


35 


Territorial history of Wis., . 


. 5 


Territorial government of Wis 


6 



u 



Uniform, town and county gov- 
ernment, ..... 61 



Vacancies in office of president, 
Voters, who are, 

Voters, qualifications, 102; dis- 
qualifications, 
Veto, power of governor, 
Vacancies in legislature, 



225 
176 



103 



w 

Witness against himself, . 247 

War, 201,213 

War debts 115 

Y 

Yea s and nays, .... 24 






mm 











H 



K:'i 




SSe- 



